Rajasthan High Court - Jodhpur
Mahendra vs State Of Rajasthan on 17 June, 2021
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
(1 of 2) [CRLMB-7915/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7915/2021
Mahendra S/o Narayan, Aged About 21 Years, R/o Gopinath Ka
Gada, Ps Ghadi, Dist. Banswara (Raj.). (Presently Lodged In
District Jail, Banswara).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr.Kaushal Gautam on VC.
For Respondent(s) : Mr.Mukesh Trivedi, PP.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
(VACATION JUDGE) Order 17/06/2021 In the wake of second surge in the COVID-19 cases, the Court is functioning virtually and abundant caution is being maintained for the safety of all concerned.
Heard learned counsel for the parties and perused the material available on record.
The petitioner has been arrested in connection with FIR No.307/2020 of Police Station Garhi, District Banswara for the offence punishable under Sections 363, 366, 376(2)(N) of IPC and Section 5(J)/6 of POCSO Act, 2021. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that the petitioner is 21 years old boy. He has shown the statement rendered by the prosecutrix under Section 164 Cr.P.C., who is 16 years plus age, in which she has categorically and consistently stated that she (Downloaded on 17/06/2021 at 08:23:35 PM) (2 of 2) [CRLMB-7915/2021] entered into voluntary relationship with the petitioner and there is absolutely no application of force or deceit or fraud having been used by the petitioner.
Learned P.P. opposes the bail application. 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 Mahendra S/o Narayan shall be released on bail in connection with FIR No.307/2020 of Police Station Garhi, District Banswara 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 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),VJ.
83-Sphophaliya/-
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