Devi Lal @ Deviya @ Devuda Vs State Of Rajasthan And Others

Rajasthan High Court 27 Sep 2023 Criminal Miscellaneous Bail Application No. 6089 Of 2023 (2023) 09 RAJ CK 0085
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Criminal Miscellaneous Bail Application No. 6089 Of 2023

Hon'ble Bench

Manoj Kumar Garg, J

Advocates

Hitendra Singh, Vikram Sharma, Vijay Kumar

Final Decision

Allowed

Acts Referred
  • Code Of Criminal Procedure, 1973 - Section 439
  • Indian Penal Code, 1860 - Section 363, 366, 376
  • Protection Of Children From Sexual Offences Act, 2012 - Section 3, 4

Judgement Text

Translate:

Manoj Kumar Garg, J

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.14/2023, Police

Station Ghatol, Distt. Banswara for the offence under Sections 363, 366, 376 of IPC and Section 3/4 of POCSO Act.

Learned counsel for the petitioner submits that according to the statement of the prosecutrix, she left home and went to Ahmedabad for work where

she resided for about 2 months and nothing wrong happened with her. Challan of the case has already been presented and no investigation is pending.

The petitioner is in judicial custody since 26.04.2023 and the trial of the case will take sufficient long time. Therefore, the benefit of bail may be

granted to the accused-petitioner.

Learned Public Prosecutor and learned counsel for the complainant have opposed the bail application.

I have considered the arguments advanced before me and gone through the material available on record.

Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to

release the petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Devi Lal @ Deviya @ Devuda S/o

Late Shri Ashok shall be enlarged on bail in FIR No.14/2023, Police Station Ghatol, Distt. Banswara provided he furnishes a personal bond in the sum

of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on

all the dates of hearing as and when called upon to do so.

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