Rajasthan High Court - Jodhpur
Arjun vs State Of Rajasthan (2024:Rj-Jd:50441) on 10 December, 2024
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2024:RJ-JD:50441]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 11823/2024
Arjun S/o Shri Gyanmal, Aged About 22 Years, R/o Rampuriya,
P.S. Begun, Dist. Chittorgarh, Raj.
(Presently Lodged In Dist. Jail Chittorgarh)
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Prakash Chandra Dhakar S/o Shri Mangilal Dhakar, R/o Nal
Parsoli, District. Chittorgarh. Raj.
----Respondent
For Petitioner(s) : Mr. O.P. Sangwa
For Respondent(s) : Mr. Neeraj Kumar Gurjar, AAG
Mr. Sharwan Singh Rathore, Dy.GA.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 10/12/2024
1. This application for bail under Section 439 Cr.P.C. (483 BNSS) has been filed by the petitioner who has been arrested in connection with F.I.R. No.74/2024, registered at Police Station Parsoli, District Chittorgarh, for offences under Sections 363, 344, 354-D, 376(2)(n) of IPC; and Sections 5(l)/6 & 11(iv)/12 of POCSO Act.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Drawing attention of the Court towards the statements of the victim- 'S' recorded under Section 161 and 164 of Cr.P.C., learned counsel for the petitioner submitted that the statements of the victim- 'S' clearly indicates that on 03.04.2024, she called the (Downloaded on 10/12/2024 at 09:50:54 PM) [2024:RJ-JD:50441] (2 of 3) [CRLMB-11823/2024] present petitioner to her house and thereafter, went away with the present petitioner on his motorbike. The victim- 'S' thereafter, travelled with him to various places such as Chittorgarh, Banswara, Jaisalmer etc., by using public transportation. While she was staying with the petitioner at Jaisalmer, she also worked as labourer at construction sites. Learned counsel submitted that pursuant to the missing person's report lodged by the father of the victim- 'S', when she was traced by the police, she has roped the petitioner in a false criminal case.
4. Lastly, learned counsel for the petitioner submitted that the petitioner is in judicial custody; the petitioner does not have any criminal antecedents; no recovery is due to be made from the present petitioner; and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.
5. Per contra, learned Public Prosecutor has vehemently opposed the bail application. However, he was not in a position to refute the facts that prima facie, the statements of the victim- 'S' recorded under Sections 161 and 164 of Cr.P.C. indicates that on 03.04.2024, she has voluntarily went away with the present petitioner and travelled with him to various places; and so also the prosecution has not shown any apprehension of the present petitioner influencing the victim- 'S' or tampering with the evidence or fleeing away from justice, in case, he is enlarged on bail.
6. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on (Downloaded on 10/12/2024 at 09:50:54 PM) [2024:RJ-JD:50441] (3 of 3) [CRLMB-11823/2024] merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.
7. Consequently, the bail application under Section 439 Cr.P.C. (483 BNSS) is allowed. It is ordered that the accused-petitioner- Arjun S/o Shri Gyanmal, arrested in connection with F.I.R. No.74/2024, registered at Police Station Parsoli, District Chittorgarh, 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 appearance before that Court on each & every date of hearing and whenever called upon to do so till completion of the trial.
8. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.
(KULDEEP MATHUR),J 16-himanshu/-
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