Rajasthan High Court - Jodhpur
Bhupendra @ Bhundia vs State Of Rajasthan (2024:Rj-Jd:6831) on 9 February, 2024
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2024:RJ-JD:6831]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 16396/2023
Bhupendra @ Bhundia S/o Shri Dev Chand, Aged About 19
Years, R/o Village Chhapari, Gram Panchayat-Ramgarh, P.s.
Kushalgarh, Dist. Banswara (Raj.) (Presently Lodged In Dist. Jail,
Banswara)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Ter Singh Dindor S/o Toliya Dindor, R/o Chapari
Kushalgarh, Banswara.
----Respondents
For Petitioner(s) : Mr. Shambhoo Singh Rathore
For Respondent(s) : Mr. S.K. Bhati, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 09/02/2024 This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.49/2023 registered at Police Station Kushalgarh, Dist. Banswara, for offences under Sections 363, 366, 344, 376(2) (n) and 376(3) of IPC and 5/6 of POCSO Act and Section 84 of J.J. Act.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submitted that the petitioner who is aged about 19 years is in judicial custody since 06.09.2023. Drawing attention of the Court towards the statements of the prosecutrix recorded under Section 161 and 164 Cr.P.C., learned counsel further submitted that the prosecutrix in (Downloaded on 09/02/2024 at 09:56:35 PM) [2024:RJ-JD:6831] (2 of 3) [CRLMB-16396/2023] her statements clearly stated that she left her house willingly with the present petitioner on 06.02.2023 and travelled with him to various places such as Banswara (Rajasthan), Baroda (Gujarat), Vadlipada (Gujarat), etc. Learned counsel further submitted that the prosecutrix in her statements has not levelled any allegations of forcible sexual assault-rape against the petitioner. It is further submitted that the investigation in the matter has already been completed and the challan has been filed against the petitioner before the competent criminal court. Learned counsel submitted that the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.
Per contra, learned Public Prosecutor has opposed the bail application.
Having considered the rival submissions, facts and circumstances of the case, this court prima facie finds that the prosecutrix in her statements recorded under Section 161 and 164 of Cr.P.C. has specifically stated that she willingly left her house with the petitioner and the prosecutrix has not levelled any allegations of forcible sexual assault-rape against the present petitioner, thus without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.
Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Bhupendra @ Bhundia S/o Shri Dev Chand arrested in connection with F.I.R. No.49/2023 registered at Police Station Kushalgarh, Dist. Banswara, shall be released on bail, if not wanted in any other (Downloaded on 09/02/2024 at 09:56:35 PM) [2024:RJ-JD:6831] (3 of 3) [CRLMB-16396/2023] case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.
(KULDEEP MATHUR),J 38-divya/-
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