Rajasthan High Court - Jodhpur
Mangu Singh vs State on 9 November, 2016
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
1
IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN AT JODHPUR
CRIMINAL MISC. BAIL (CRLMB) NO. 9069 of 2016
PETITIONER :
Mangu Singh son of Shri Ganga Singh Rajput, resident of
Lunakhurd, Tehsil Bhaniyana, P.S. Sankada, District
Jaisalmer.
(Presently lodged in District Jail, Jaisalmer.)
VERSUS
RESPONDENT :
The State of Rajasthan
Date of Order : 9.11.2016
HON'BLE MR. VIJAY BISHNOI, J.
Mr. G.S. Bhati, for the petitioner.
Mr. Deepak Choudhary, Public Prosecutor.
Mr. L.D. Khatri, for the complainant.
ORDER
Heard learned counsel for the petitioner, learned Public Prosecutor as well as learned counsel for the complainant and also perused the material on record.
The petitioner has been arrested in FIR No.43/2016 of Police Station Sankada, District Jaisalmer for the offences punishable under Sections 363, 366A, 376/120B IPC and 2 Section 3/4 of the POCSO Act, 2012. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that the allegation against the petitioner is to the effect that he along with co-accused Gambhir Singh had abducted the sister of the complainant. It is submitted that the prosecutrix in her statements recorded under Sections 161 and 164 Cr.P.C. has specifically stated that the petitioner has not sexually assulted her, however, the allegation of sexual assault is against co-accused Gambhir Singh.
Learned Public Prosecutor as well as learned counsel for the complainant have 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 - Mangu Singh son of Ganga Singh Rajput shall be released on bail in connection with FIR No.43/2016 of Police Station Sankada, District Jaisalmer 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 3 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.
ms rathore 4