Rajasthan High Court - Jodhpur
Naru vs State Of Rajasthan (2024:Rj-Jd:3921) on 25 January, 2024
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2024:RJ-JD:3921]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 357/2024
Naru S/o Mangu Bagariya, Aged About 55 Years, R/o Bhimgarh,
P.s. Rashmi, Dist. Chittorgarh. (Presently Lodged At Dist. Jail,
Chittorgarh)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Lehri Bai W/o Deva Ji Bagariya, Aged About 50 Years, R/o
Dimta, P.s. Kareda, Dist. Bhilwara.
----Respondents
For Petitioner(s) : Mr. Umesh Kant Vyas.
For Respondent(s) : Mr. Mahipal Bishnoi, P.P.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 25/01/2024 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.194/2023, registered at Police Station Raipur (Bhilwara), District Bhilwara, for offences under Sections 344, 363, 376D, 366A of IPC and Section 5(g)/6 of the POCSO Act.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Drawing attention of the Courts towards the FIR and the statements of the victim recorded under Sections 161 and 164 of Cr.P.C., learned counsel for the petitioner submitted that the victim in her statements has levelled allegation of she being kidnapped by co-accused persons namely Sunil, Mukesh, Suresh and Sosi (Downloaded on 28/01/2024 at 08:48:13 PM) [2024:RJ-JD:3921] (2 of 3) [CRLMB-357/2024] Devi. Learned counsel has submitted that there is not an iota of evidence available on record indicating involvement of the petitioner in commission of alleged crime. Learned counsel submitted that the petitioner has been implicated in the present case solely for the reason that his sons have been named by the victim as the accused persons in her statements recorded under Sections 161, 164 of Cr.P.C. Learned counsel lastly submitted that challan against the petitioner has already been filed and the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the bail application. Having considered the rival submissions, facts and circumstances of the case and after perusing the statements of the prosecutrix recorded under Sections 161, 164 of Cr.P.C., this Court prima facie finds that the prosecutrix has not assigned any specific direct role to the petitioner in commission of alleged crime. 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 Naru S/o Mangu Bagariya arrested in connection with F.I.R. No.194/2023, registered at Police Station Raipur (Bhilwara), District Bhilwara, shall be released on bail, if not wanted in any other 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 (Downloaded on 28/01/2024 at 08:48:13 PM) [2024:RJ-JD:3921] (3 of 3) [CRLMB-357/2024] 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 45-AbhishekK/-
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