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2021 DIGILAW 1941 (RAJ)

Rajkumar v. State of Rajasthan

2021-10-05

PUSHPENDRA SINGH BHATI

body2021
JUDGMENT Dr. Pushpendra Singh Bhati, J. - In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned. 2. This Court perused the material available on record. 3. The petitioner has been arrested in connection with FIR No.152/2021 of Police Station Todaraisingh, District Tonk for the offences punishable under Sections 376(2)(N), 506 IPC and Section 5, 6 of POCSO Act. He has preferred this bail application under Section 439 Cr.P.C. 4. Learned counsel for the petitioner has drawn the attention of this Court towards the FIR as well as the statements rendered under Sections 161 & 164 Cr.P.C., in which the prosecutrix, who is aged 17 years, has stated that the petitioner was maintaining continuous physical relationship with her on the pretext of promise to marry. Learned counsel also submits that in her statement, the prosecutrix has also stated that now the petitioner got married with some other girl. Learned counsel further submits that the age of the present petitioner is 17 years 11 months & 21 days by one stand, and 19 years by another stand. Learned counsel also submits that the petitioner is in custody since 28.05.2021 and the charge-sheet in this case has already been filed. 5. Learned Public Prosecutor as well as learned counsel for the complainant vehemently opposed the bail application. 6. Taking into consideration the custody period of the petitioner as well as the consistency of physical relationship between the parties by making promise to marry, this Court is of the opinion that at this stage, the custody of the petitioner in this case is not warranted. 7. Thus, having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. 8. 7. Thus, having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. 8. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Rajkumar @ Raju S/o Kishan Sansi shall be released on bail in connection with FIR No.152/2021 of Police Station Todaraisingh, District Tonk 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.