Vinit Kumar Mathur, J
Lawyers are not physically appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona
virus (COVID-19).
The learned counsel for the petitioners do not want to press the interlocutory applications.
Dismissed Accordingly.
S.B. Criminal Misc. Bail Application No. 14075/2021:-
Learned counsel for the petitioner submits that he does not want to press the present bail application of Sajjan Singh, however, seeks liberty to file
fresh bail application after recording the statement of Mst.’K’ before the learned trial court.
Accordingly, the present bail application is dismissed as not pressed with liberty as aforesaid.
However, learned trial court shall explore the possibility of examining Mst.’K’ at the earliest convenience.
S.B. Criminal Misc. Bail Application No. 434/2022:-
S.B. Criminal Misc. Bail Application No. 435/2022:-
S.B. Criminal Misc. Bail Application No. 437/2022:-
The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners who are in custody in connection with F.I.R.
No.121/2021, Police Station Dechu, District Jodhpur, for the offence under Sections 11/12, 16/17 the POCSO Act, 2012 and Section 10 Child
Marriage Prohibited Act, 2006 and Section 363, 366-A, 120-B of IPC.
Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material available on record.
Learned counsel for the petitioners submit that the charge sheet in the present cases has been filed. They further submit that petitioners Ganga
Kanwar and Su Shri Hiro Kanwar are young ladies and they are facing incarceration since 20.12.2021. He further submits that as against Ummed
Singh, there is no allegation as Ummed Singh was not present at the time of incident. The conclusion of trial will take sufficiently long time, therefore,
it is prayed that the petitioners may be enlarged on bail.
Learned Public Prosecutor has opposed the bail applications. Having regard to the facts and circumstances of the case and upon a consideration of
the arguments advanced as also the present situation of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court is
of the opinion that the petitioners are also entitled for the grant of bail under Section 439 Cr.P.C.
Accordingly, the present bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that the petitioners (1) Ummed Singh S/o
Multan Singh (2) Ganga Kanwar W/o Shri Mohan Singh (3) Su Shri Hiro Kanwar D/o Indra Singh shall be released on bail in connection with F.I.R.
No.121/2021, Police Station Dechu, District Jodhpur provided they execute a personal bond in a sum of Rs.50,000/- (Rupees: Fifty Thousand Only)
with two sound and solvent sureties of Rs.25,000/-(Rupees: Twenty Five Thousand Only) each to the satisfaction of the learned trial Court for their
appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
