Rajasthan High Court - Jaipur
Sunil Kumar Sharma @ Sunni S/O Kanhaiya ... vs State Of Rajasthan on 16 December, 2022
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 14592/2022
Sunil Kumar Sharma @ Sunni S/o Kanhaiya Lal Sharma, R/o Mali
Bazar Bhali P.s. Rajgarh, Dist. Alwar (Raj.) ( Presently At District
Jail Alwar)
----Petitioner
Versus
1. State Of Rajasthan, Through P.p.
2. Smt. M W/o Rinku, R/o Ratangarh, P.s. Malakheda Dist.
Alwar Raj.
----Respondents
For Petitioner(s) : Mr. Nikhil Saini on behalf of Mr. Inder Raj Saini For Respondent(s) : Mr. Riyasat Ali, PP.
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 16/12/2022
1. The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.371/2022 Registered at Police Station Malakheda, District Alwar for the offence(s) under Sections 363, 366, 376AB IPC, Sections 5(M)/6 POCSO Act, 2012 and Sections 3(1)(w)(i), 3(2)
(v) SC & ST Act.
2. Learned counsel for the petitioner submits that the petitioner has been wrongly implicated in this case. Petitioner is behind the bars since 02.06.2022. Learned counsel for the petitioner submits that prosecutrix during the trial had not supported the story of prosecution. Learned counsel for the petitioner also submits that medical evidence does not support the allegation of rape because (Downloaded on 20/12/2022 at 12:39:35 AM) (2 of 2) [CRLMB-14592/2022] semen of prosecutrix was intact at the time of examination. Conclusion of trial may take long time.
3. Learned Public Prosecutor has opposed the bail application.
4. Considering the contentions put-forth by the counsel for the petitioner and taking into account the facts and circumstances of the case and without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioner on bail.
5. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Sunil Kumar Sharma @ Sunni S/o Kanhaiya Lal Sharma shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
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