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Rajasthan High Court · body

2019 DIGILAW 1396 (RAJ)

Harsh @ Chintu v. State of Rajasthan, Through PP

2019-05-08

VIJAY BISHNOI

body2019
JUDGMENT 1. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record. 2. The petitioner has been arrested in FIR No. 6/2019 of Police Station Kalandri, District Sirohi for the offences punishable under Sections 363, 366 and 376 of the Indian PenalCode and under Section 3/4 of POCSO Act. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case. It is argued that from the documentary evidence collected during the course of investigation, the date of birth of the prosecution is 14.02.2001 and as per the same, it is clear that she was 17 years and 11 months of the age on the date of incident. It is submitted that the allegations of kidnapping and sexual assault levelled against the petitioner are false because as per the story narrated by the prosecutrix, it is impossible that the petitioner had abducted the prosecutrix in the presence of all the family members and thereafter kept her in confinement at various places. Learned counsel has submitted that from the statements of the prosecutrix recorded during the course of investigation, it is clear that she stayed with the petitioner at Jodhpur and Sumerpur etc. for around two days and from the statement of the Manager of the Hotel, it is also clear that both of them stayed for one night in a hotel as per their own free will. Learned counsel has submitted that the charge-sheet has been filed and the trial of the case will take a long time, therefore, it is prayed that the petitioner may be enlarged on bail. 4. Learned Public Prosecutor has opposed the bail application. 5. 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 accusedpetitioner under Section 439 Cr.P.C. 6. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Harsh @ Chintu S/o Achleshwar shall be released on bail in connection with FIR No. 6/2019, PS Kalandri, District Sirohi provided he executes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureties of Rs. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Harsh @ Chintu S/o Achleshwar shall be released on bail in connection with FIR No. 6/2019, PS Kalandri, District Sirohi provided he executes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- each to the satisfaction 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.