Rajasthan High Court - Jaipur
Vivek@Vikki vs State Of Rajasthan Through Pp on 11 April, 2018
Author: Pankaj Bhandari
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail No. 2769/2018
Vivek @ Vikki S/o Ramkhiladi B/c Meena, R/o Gram Nangalwal
Raini Police Thana Raini District Alwar, Haalkiraydar Makan No.
43 Dadu Colony, Jagatpura Road Malviya Nagar Jaipur (In
Central Jail Since 12.12.2017)
----Petitioner
Versus
State Of Rajasthan Through Pp.
----Respondent
For Petitioner(s) : Mr. Kapil Bardhar For Respondent(s) : Mr. R. R. Singh Rathore PP.
HON'BLE MR. JUSTICE PANKAJ BHANDARI Judgment / Order 11/04/2018
1. Petitioner has filed this bail application under Section 439 Cr.P.C.
2. F.I.R. No 572/2017 was registered at Police Station Malviya Nagar Jaipur for offence under Sections 376, 354, 354A, 354C, 354D, 342 I.P.C.
3. It is contended by counsel for the petitioner that prosecutrix is a major. She had communication with the petitioner on What's App. It is contended that from reading of the What's App messages, it is revealed that petitioner had sex with prosecutrix on her own free will and she never objected to the same. It is also contended that charge-sheet has been filed. Trial would consume time.
4. Learned Public Prosecutor has opposed the bail application.
(2 of 2) [CRLMB-2769/2018]
5. I have considered the contentions.
6. Considering the contentions put forth by counsel for the petitioner, I deem it proper to allow the bail application.
7. This bail application is, accordingly, allowed and it is directed that accused-petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand) together with two sureties in the sum of Rs.25,000/- (Rupees twenty five thousand) each to the satisfaction of the trial Court with the stipulation that he shall appear before that Court and any Court to which the matter be transferred, on all subsequent dates of hearing and as and when called upon to do so.
(PANKAJ BHANDARI),J Seema/19