Rajasthan High Court - Jodhpur
Chandraprakash vs State Of Rajasthan (2023/Rjjd/006824) on 17 March, 2023
Author: Nupur Bhati
Bench: Nupur Bhati
[2023/RJJD/006824]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODH-
PUR
S.B. Criminal Miscellaneous Bail Application No. 1959/2023
Chandraprakash S/o Bheraram, Aged About 22 Years, Kusumbi
P.s. Jaswantgarh Dist. Nagaur. (Lodged In Dist. Jail, Srigangana-
gar).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : None present
For Respondent(s) : Mr. Shrawan Bishnoi, PP
HON'BLE DR. JUSTICE NUPUR BHATI
Order 17/03/2023 The lawyers are abstaining from work on account of strike. This application for bail has been filed by the petitioner under Section 439 of Cr.P.C. in connection with FIR No.152/2022 of Police Station, Suratgarh, District Sri Ganganagar for the offence under Sections 363, 366, 376, IPC; Section 3/4 & 5L/6 of POCSO Act.
Heard learned Public Prosecutor and perused the material available on record.
Upon perusal of pleadings, this Court finds that the age of prosecutrix is 16 years and 10 months. In camera trial, she stated that the petitioner came to her house at 6:00 pm and asked her to come alongwith her or else die. She voluntarily went with him and thereafter she alleges that the petitioner took her to an iso- lated place and committed rape upon her. (Downloaded on 17/03/2023 at 09:02:09 PM)
[2023/RJJD/006824] (2 of 2) [CRLMB-1959/2023] Learned Public Prosecutor vehemently opposed this bail application and is not in a position to refute the aforementioned facts.
Having regard to the facts and circumstances of the case and without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the pe- titioner deserves to be accepted.
Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioner Chandraprakash S/o Bheraram shall be released on bail in connection with the aforesaid FIR; provided he executes personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfac- tion of the learned trial Court. Petitioner shall be required to ap- pear before that Court on all dates of hearing and as and when called upon to do so.
(DR.NUPUR BHATI),J 48-Sanjay/-
(Downloaded on 17/03/2023 at 09:02:09 PM) Powered by TCPDF (www.tcpdf.org)