Bheru Lal Vs State Of Rajasthan

Rajasthan High Court 16 Mar 2023 S.B. Criminal Miscellaneous Bail Application No. 14457 Of 2023 (2023) 03 RAJ CK 0070
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

S.B. Criminal Miscellaneous Bail Application No. 14457 Of 2023

Hon'ble Bench

Dr. Nupur Bhati, J

Advocates

SK Bhati

Final Decision

Allowed

Acts Referred
  • Code Of Criminal Procedure, 1973 - Section 439
  • Indian Penal Code, 1860 - Section 343, 363, 366A, 367D, 376(2) (N), 457
  • Protection Of Children From Sexual Offences Act, 2012 - Section 5(L), 6

Judgement Text

Translate:

Dr. Nupur Bhati, J

1. The lawyers are abstaining from work on account of strike.

2. The present application for bail has been filed by the petitioner under Section 439 of Cr.P.C. in connection with FIR No.69/2022 registered at Police Station Mandalgarh, District Bhilwara for the offences under Sections 343, 363, 366-A, 367-D, 376(2) (N), 457 IPC and Section 5(L)/6 of POCSO Act.

3. No one appears on behalf of the petitioner.

4. Learned Public Prosecutor submits that there are no criminal antecedents against the petitioner, and also submits that the age of the prosecutrix is about seventeen years. Learned Public Prosecutor draws the attention of this Court towards the medical report wherein the concerned Doctor opined that the age of the prosecutrix is above sixteen years and below eighteen years.

5. Heard and perused the material available on record.

6. Looking to the entirety of facts and circumstances of the case, I am of the opinion that the petitioner shall be enlarged on bail in this case.

7. Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioner Bheru Lal S/o Soji Meena shall be released on bail in connection with the aforesaid FIR; provided he executes a personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial court. The petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

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