Rajasthan High Court - Jodhpur
Suresh vs State on 18 July, 2022
Author: Rameshwar Vyas
Bench: Rameshwar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail Application No. 9265/2022
Suresh S/o Sh. Mangi Lal, Aged About 21 Years, B/c Seervi R/o
40 Peepaji Nagar, Bhaisagar Keshav Nagar, PS Kotwali, Tehsil
And District Pali, Raj.
(At Present Lodged In Central Jail, Jodhpur).
----Petitioner
Versus
State of Rajasthan, Through Learned PP
----Respondent
For Petitioner(s) : Mr. Narpat Singh Arha
Mr. Om Singh Chouhan
For Respondent(s) : Mr. A.R. Choudhary, Public Prosecutor
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order 18/07/2022 The instant bail application has been filed under Section 439 Cr.P.C. by the petitioner for grant of regular bail in connection with FIR No. 71/2022 registered at Police Station Kotwali, District Pali, for offences punishable under Sections 363, 366, 328, 376, 506 IPC and Section 3/4 of Prevention of Children from Sexual Offences Act, 2012.
Heard learned counsel for the parties and perused the material available on record.
Learned counsel for the petitioner submits that the prosecutrix is major girl, whose date of birth has been changed after filing of this FIR with the aim to prove the prosecutrix as minor. Prosecutrix in her statement recorded under Section 161 Cr.P.C. on 15.2.2022 has categorically stated that no wrong was (Downloaded on 18/07/2022 at 08:53:04 PM) (2 of 3) [CRLMB-9265/2022] committed by the petitioner with her. However, prosecutrix stated that she and the petitioner are neighbours and are of the same age group. Petitioner is aged about 21 years, whereas prosecutrix is more than 19 years of age. After coming in the custody of parents, prosecutrix levelled false allegation of rape against the petitioner in her statement recorded under Section 164 Cr.P.C. Petitioner did not use any force against her. Aadhar Card, Jan Aadhar Card, Rashan Card contain the date of birth of prosecutrix as 17.10.2002, whereas, in marksheet issued by Department of Education, Rajasthan, it was previously recorded as 1.9.2003, which was subsequently changed to 17.10.2004. Counsel for the petitioner submits that the petitioner has been falsely implicated in the case of rape. Petitioner is behind the bars since 18.2.2022. After completion of investigation, charge-sheet has already been filed. In the above circumstances, learned counsel for the petitioner prays to grant bail application.
On the other hand, learned Public Prosecutor has opposed the bail application. He submits that the date of birth of prosecutrix is 17.10.2004 as per school record.
Having regard to the rival submission made by the learned counsel for the parties and material available on record, in the facts and circumstances of the case, particularly looking to the first version of prosecutrix given before the police and the record regarding date of birth of prosecutrix produced by learned counsel, without expressing any opinion on merits of the case, this Court deems it just and proper to enlarge the accused-petitioner on bail under Section 439 Cr.P.C.
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(3 of 3) [CRLMB-9265/2022] Accordingly, this bail application under Section 439 Cr.P.C. is allowed. It is ordered that the petitioner Suresh S/o Sh. Mangi Lal, who is in custody in connection with FIR No. 71/2022 registered at Police Station Kotwali, District Pali, shall be released on bail provided he shall execute personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with two sound & solvent 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.
(RAMESHWAR VYAS),J 76-Mak/-
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