Rajasthan High Court - Jodhpur
Mahendra Kumar @ Madan vs State Of Rajasthan on 7 January, 2022
Author: Devendra Kachhawaha
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 14931/2021
Mahendra Kumar @ Madan S/o Vala Ram, Aged About 23 Years,
Khandadeval, P.S. Bhinmal, Dist. Jalore (Raj.).
(Presently Lodged In Dist. Jail, Jalore).
----Petitioner
Versus
State of Rajasthan through PP
----Respondent
For Petitioner(s) : Mr. S.K. Sainee through VC
For Respondent(s) : Mr. Shrawan Bishnoi, PP
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order 07/01/2022 In wake of onslaught of COVID-19, as per guidelines, lawyers have been advised to refrain from coming to the Courts, therefore, hearing of the matter is being taken up only through video conferencing.
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.348/2021, Police Station Bhinmal, District Jalore, registered for the offence punishable under Sections 363, 342, 366(2)(I) & 376(3) of the Indian Penal Code and Section 3/4 of the POCSO Act.
(Downloaded on 07/01/2022 at 08:56:51 PM)
(2 of 3) [CRLMB-14931/2021] Heard learned counsel for the petitioner through video conferencing and learned Public Prosecutor, present-in-person. Perused the material available on record.
Learned counsel for the petitioner stated that statement of prosecutrix 'R' has been recorded as PW.2 before learned trial Court; prosecutrix does not support the story of prosecution and declared completely hostile; statements of grand father of prosecutrix recorded as PW.3, father of prosecutrix recorded as PW.4, grand mother of prosecutrix recorded as PW.5, mother of prosecutrix recorded as PW.6; all the witnesses also did not support the story of prosecution and turned hostile; petitioner is behind the bars since 23.08.2021; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.
Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner.
Having regard to the facts and circumstances of the case, particularly looking to the facts that prosecutrix 'R' and close relatives of prosecutrix did not support the story of prosecution and turned hostile; during the statement recorded under Section 164 Cr.P.C., prosecutrix stated that "I went to Poona to meet my relatives, no rape was committed by Mahendra"; accused- petitioner is behind the bars since 23.08.2021; and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion (Downloaded on 07/01/2022 at 08:56:51 PM) (3 of 3) [CRLMB-14931/2021] that the bail application filed by the petitioner deserves to be accepted.
Consequently, the bail application is allowed. It is ordered that the petitioner, Mahendra Kumar @ Madan S/o Vala Ram, arrested in connection with F.I.R. No.348/2021, Police Station Bhinmal, District Jalore, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(DEVENDRA KACHHAWAHA),J 33-Rashi/-
(Downloaded on 07/01/2022 at 08:56:51 PM) Powered by TCPDF (www.tcpdf.org)