Chen Singh vs State Of Rajasthan on 3 January, 2019

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Rajasthan High Court - Jodhpur

Chen Singh vs State Of Rajasthan on 3 January, 2019

Bench: Vijay Bishnoi

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
             S.B. Criminal Misc. Bail No. 10747/2018

Chen Singh S/o Bhanwar Singh Daroga, Aged About 22 Years,
R/o Genjara, PS Gangrar, Distt. Chittorgarh (Presently lodged at
Distt. Jail, Chittorgarh)
                                                      ----Petitioner
                                Versus
State Of Rajasthan
                                                    ----Respondent


For Petitioner(s)        :   Mr. Kuldeep Sharma
For Respondent(s)        :   Mr. A.S. Rathore, PP



            HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order 03/01/2019 Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.92/2018 of Police Station Gangrar, Distt. Chittorgarh for the offences punishable under Sections 363, 366, 376 IPC and Sections 5/6, 17/18 of the POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the prosecutrix has been examined in the trial court wherein, she has not supported the prosecution story and turned hostile. It is further submitted that since the prosecutrix has turned hostile, no evidence regarding sexual assault against the petitioner is available on record and, in such circumstances, there are remote chances of the petitioner (2 of 2) [CRLMB-10747/2018] being convicted in this case. It is, therefore, prayed that the petitioner may be enlarged on bail.

Per contra, learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem 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 - Chen Singh S/o Bhanwar Singh Daroga shall be released on bail in connection with FIR No.92/2018 of Police Station Gangrar, Distt. Chittorgarh provided he executes a personal bond in the 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.

(VIJAY BISHNOI),J 7-msrathore/-

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Rajasthan High Court - Jodhpur