Rajasthan High Court - Jaipur
Girraj@Giriraj vs State Of Rajasthan Through Pp on 10 October, 2017
Author: Sabina
Bench: Sabina
(1 of 2)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. CRIMINAL MISCELLANEOUS BAIL NO. 13534/2017
Girraj @ Giriraj S/o Hira Lal B/c Meghwal, R/o Gram
Banwariya Kuwa, Police Station Taleda, Distt. Bundi (raj.) (at
Present Confined in Distt. Jail Bundi)
----Petitioner
Versus
State of Rajasthan Through PP
----Respondent
__________________________________________ For Petitioner : Mr. Rajendra Singh Tanwar For Respondent : Mr. Sudesh Saini, P.P. __________________________________________ HON'BLE MRS. JUSTICE SABINA Order 10/10/2017 Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') seeking regular bail in F.I.R. No.11/2017 registered at Police Station Kapren, District Bundi for offence under Sections 363, 366-A, 376 & 120-B Indian Penal Code, 1860 and Section 3/4 of The Protection of Children from Sexual Offences Act, 2012.
Learned counsel for the petitioner has submitted that in her statement recorded under Section 161 Cr.P.C., prosecutrix had stated that she wanted to live with the petitioner. However, when the statement of the prosecutrix was recorded under Section 164 Cr.P.C., she alleged that she had been raped by Prabhuji and Mahadev. Gopal was also present there but he had not done any wrong act with her.
(2 of 2) Thereafter, she was left by the said accused in the house of their relatives. Petitioner was the son of her maternal uncle. She stayed for about four/five days in the house of the relatives of the accused and was then left in a village in Madhya Pradesh. Then she had made a phone-call to the petitioner and had been later recovered by the police. Learned counsel has further submitted that during investigation, it had transpired that in-fact, the prosecutrix was in a relationship with the petitioner and used to talk to him on mobile-phone. Petitioner is in custody since 5.2.2017. Challan has already been presented in the court and conclusion of trial may take time.
Learned State Counsel on the other hand, has opposed the petition.
Keeping in view the facts and circumstances of the case, it would be just and expedient to order the release of the petitioner on bail.
Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to bail subject to satisfaction of the Trial Court.
(SABINA)J. Mohita/179