Rajasthan High Court - Jaipur
Mithlesh Kumar Paswan S/O Ram Sundar ... vs State Of Rajasthan on 30 September, 2021
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 13098/2021
Mithlesh Kumar Paswan S/o Ram Sundar Paswan, Aged About 23
Years, R/o Arruva Kala Ps Harihar Ganj Dist. Palamu Jharkhad At
Present Raju Colony Santhlaka Bhiwadi Dist. Alwar Raj. (At
Present Confined In Sub Jail Kishangarh Bas Dist. Alwar)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Sunil Kumar Jain For Respondent(s) : Mr. Mangal Singh Saini PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI Order 30/09/2021 In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.
This Court perused the material available on record. The petitioner has been arrested in connection with FIR No.102/2021 of Mahila Police Station Bhiwadi, District Alwar for the offences punishable under Sections 376 & 386 IPC. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner points out that the FIR does not have the date, time or any particulars of the incident of rape. Learned counsel further submits that the age of the prosecutrix is 31 years and that of the petitioner is 23 years. Learned counsel also submits that the prosecutrix has levelled (Downloaded on 01/10/2021 at 09:28:49 PM) (2 of 3) [CRLMB-13098/2021] vague allegation that for a long time, she is being sexually exploited by putting her under threat and fear of uploading her photographs on social media. Learned counsel also submits that no video or any kind of material has been confiscated during the investigation.
Learned Public Prosecutor opposed the bail application. On a careful perusal of the case diary, this Court finds that the ongoing investigation does not reflect any kind of forcible involvement of the present petitioner. Moreover, the FIR does not have any date, time or any detail of the incident in question, whereas in the statement under Section 161 Cr.P.C., the prosecutrix has developed a story of a particular date and about six incidents. Thus, the investigation does not induce confidence of this Court so as to continue the custody of the petitioner in this case, at this stage.
Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Mithlesh Kumar Paswan S/o Ram Sundar Paswan shall be released on bail in connection with FIR No.102/2021 of Mahila Police Station Bhiwadi, District Alwar provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his (Downloaded on 01/10/2021 at 09:28:49 PM) (3 of 3) [CRLMB-13098/2021] appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(DR.PUSHPENDRA SINGH BHATI),J SHASHI KANT GAUR /50 (Downloaded on 01/10/2021 at 09:28:49 PM) Powered by TCPDF (www.tcpdf.org)