Rajasthan High Court - Jodhpur
Sharad Yadav vs State on 10 February, 2022
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
(1 of 2) [CRLMB-144/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 144/2022
Sharad Yadav S/o Murlidhar, Aged About 26 Years, R/o
Bishangarh Police Station Manoharpur Dist. Jaipur. (At Present
Lodged In Sub Jail, Merta).
----Petitioner
Versus
1. State, Through Pp
2. Dayaram S/o Sugnaram, B/c Meghwal, R/o Village Beetan,
District Nagaur (Raj.)
----Respondents
For Petitioner(s) : Mr. Om Singh Chauhan
For Respondent(s) : Mr. SK Bhati, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order 10/02/2022 The petitioner has been arrested in connection with F.I.R. No.185/2021 of Police Station Gotan, District Nagaur for the offence punishable under Sections 363, 343, 376(3), 376(2)(N) IPC and Section 5(L)/6 of POCSO Act and Sections 3(1)(w)(II), 2(Va), 2(V) of SC/ST Act. He has preferred this bail application under Section 439 Cr.P.C.
Counsel for the petitioner submits that the prosecutrix in her statement recorded under Section 164 Cr.P.C. has specifically deposed that she went with the present petitioner with her own free will. If anything happened, that was with the consent of the prosecutrix. Challan of the case has already been presented and no investigation is pending. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be (Downloaded on 10/02/2022 at 08:55:56 PM) (2 of 2) [CRLMB-144/2022] concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
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, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Sharad Yadav S/o Murlidhar, shall be released on bail in connection with FIR No.185/2021 of Police Station Gotan, District Nagaur provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- 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.
(MANOJ KUMAR GARG),J 37-MS/-
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