Rajasthan High Court - Jodhpur
Mukesh @ Mur Ji vs State on 11 September, 2017
Author: P.K. Lohra
Bench: P.K. Lohra
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 3836 / 2017
Mukesh @ Mur Ji S/o Shankar Lal Chamar, R/o Pandoli, Thana Isri
Taluka Meghraj, District Arvalli (Gujrat)
(At Present Lodged in Dist. Jail Dungarpur)
----Petitioner
Versus
The State of Rajasthan
----Respondent
_____________________________________________________
For Petitioner(s) : Mr. Jitendra Ojha
For Respondent(s) : Mr. Ashok Upadhyay, P.P., for the State
_____________________________________________________
HON'BLE MR. JUSTICE P.K. LOHRA
Order 11/09/2017 This bail application under Section 439 Cr.P.C. is filed by accused-petitioner in connection with Sessions Case No.147/2017 pending before Special Court, Protection of Children From Sexual Offences Act, 2012 Dungarpur (for short, 'learned trial Court') arising out of FIR No.181/2016 of Police Station Dovra, District Dungarpur. In the charge-sheet, petitioner is insinuated for offences under Sections 363, 366, 376, 354D IPC and Sections 3, 4, 11 of the POCSO Act.
It is submitted by learned counsel for the petitioner that although, in her earlier statements, the victim (Prosecutrix) alleged that petitioner subjected her to sexual exploitation including rape but during her deposition before the Court she has completely resiled from her earlier version. It is also submitted by learned counsel for the petitioner that during trial she has turned (2 of 2) [CRLMB-3836/2017] hostile and completely absolved the petitioner from committing the alleged offence. In the backdrop of these circumstances, learned counsel has urged that petitioner may be enlarged on bail.
Learned Public Prosecutor has opposed the bail application of petitioner.
I have considered the submissions made at Bar and perused the statements of victim (Prosecutrix) as P.W.3 recorded during trial.
Having regard to the facts and circumstances of the case and taking into account the statement of prosecutrix, I deem it just and appropriate to grant indulgence to the petitioner by enlarging him on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner, Mukesh @ Mur Ji S/o Shankar Lal Chamar, arrested in connection with F.I.R. No.181/2016, Police Station Dovra, District Dungarpur, may be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two sureties of like amount to the satisfaction of learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(P.K. LOHRA)J. Bharti/1