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2018 DIGILAW 591 (RAJ)

Mahendra @ Kannuu Gurjar v. State of Rajasthan

2018-02-20

PANKAJ BHANDARI

body2018
JUDGMENT : Pankaj Bhandari, J. The appellants have preferred these appeals aggrieved by orders dated 20.01.2018 and 21.12.2017 passed by Special Judge, SC/ST Cases, Dausa whereby bail applications under Section 439 Cr.P.C., 1973 filed by the appellant were rejected. 2. F.I.R. No. 393/2016 was registered at Police Station Sikandara, District Dausa for offence under Sections 363, 376 (D) I.P.C. and Section 3 and 4 of POCSO Act and section 3 (2) (V), of SC/ST Act. 3. It is contended by the counsel for the appellant-Mahendra that prosecutrix went missing on 13.11.2017, FIR was lodged on 15.11.2016 in which there was allegation against the appellant. Thereafter, prosecutrix was recovered on 24.11.2016 from Jaipur, she was handed over to the parents on 24.11.2016 itself and her statement was recorded on 25.1.2016 by the Magistrate under Section 164 Cr.P.C., 1973 In her statement under Section 164 she stated that she called the appellant many times to come and take her away and she also mentioned in the statement that no wrong act was done by appellant-Mahendra. It is contended that thereafter her statement under Section 164 Cr.P.C., 1973 was again recorded by the Magistrate on direction of the High Court wherein she levelled allegation against appellant-Mahendra and appellant-Man Singh. 4. It is contended that prosecutrix is a married lady aged 17 years and she was with her parents after she was recovered on 24.11.2016 and there is no question of there being any pressure on her when her first statement was recorded by the Magistrate. It is also contended that prosecutrix remained with appellant-Mahendra from 13.11.2016 to 20.11.2016 and she did not raise any alarm. 5. Learned Public Prosecutor has opposed the appeal. 6. Considering the contentions put-forth by the counsel for the appellant, I deem it proper to allow the appeal. 7. The orders dated 20.01.2018 and 21.12.2017 are set aside and the appeals are allowed and the appellants are directed to be released on bail provided each of them furnishes a personal bond of Rs. 50,000/- (Rupees Fifty thousand only) and two sureties in the sum of Rs. 25,000/- (Rupees Twenty Five thousand only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court and any court to which the matter is transferred, on all dates of hearing and as and when called upon to do so. 8. 50,000/- (Rupees Fifty thousand only) and two sureties in the sum of Rs. 25,000/- (Rupees Twenty Five thousand only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court and any court to which the matter is transferred, on all dates of hearing and as and when called upon to do so. 8. Copy of this order be placed in the connected file.