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2022 DIGILAW 1694 (RAJ)

Gheesa Lal v. State Of Rajasthan

2022-05-20

RAMESHWAR VYAS

body2022
JUDGMENT Rameshwar Vyas, J. - S.B. Criminal Misc. 3rd Bail Application No. 5709/2022 1. The present third bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 78/2021 registered at Police Station Begun, District Chittorgarh for the offences under Sections 363, 384, 376(2)(n)(i)/109/376 (D.A.), 120B, 342, 323 & 370(4) of I.P.C. and Sections 3/4, 5(G) (L)/6 & 16/17 of POCSO Act, 2012. 2. In spite of service of notice, no one has put in appearance on behalf of the respondent No. 2/complainant. 3. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 4. Learned counsel for the petitioner submits that at the time of dismissing second bail application of the petitioner as not pressed by this Court on 08.03.2022, liberty was granted to the petitioner to file fresh bail application after recording the statement of the prosecutrix. The prosecutrix has been examined before the trial court as P.W. 1 on 15.02.2022. In her statement, she has made allegation of rape against co-accused Dilkhush. In the cross-examination, she has admitted that she did not know Gheesalal. She has not made allegation of rape against the present petitioner. She also denied the correctness of statement made in Para 'E' to 'F' of her police statement (Ex. P/7). On the above grounds, learned counsel for the petitioner prays that the petitioner may be enlarged on bail. 5. On the other hand, learned Public Prosecutor has opposed the bail application. 6. Having regard to the rival contentions of the parties and upon a consideration of the facts and circumstances of the case more particularly looking to the statement made by the prosecutrix regarding the present petitioner, without commenting upon merits of the case, this Court is of the opinion that the bail application under Section 439 of Cr.P.C. filed by the petitioner deserves to be accepted. 7. Consequently, the present third bail application under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner - Gheesa Lal S/o. Sochand arrested in connection with F.I.R. No. 78/2021 registered at Police Station Begun, District Chittorgarh shall be released on bail provided he furnishes a personal bond of Rs. 1,00,000/- with two surety bonds of Rs. 7. Consequently, the present third bail application under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner - Gheesa Lal S/o. Sochand arrested in connection with F.I.R. No. 78/2021 registered at Police Station Begun, District Chittorgarh shall be released on bail provided he furnishes a personal bond of Rs. 1,00,000/- with two surety bonds of Rs. 50,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so. S.B. Criminal Misc. 3rd Bail Application No. 5710/2022 8. The present third bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 78/2021 registered at Police Station Begun, District Chittorgarh for the offences under Sections 363, 384, 376(2)(n)(i)/109, 376(d)(a), 120B, 342, 323 & 370(4) of I.P.C. and Sections 3/4, 5(G)(L)/6 & 16/17 of POCSO Act, 2012. 9. In spite of service of notice, no one has put in appearance on behalf of the respondent No. 2/complainant. 10. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 11. Learned counsel for the petitioner submits that in her statement, the prosecution (P.W. 1) did not level any allegation against the petitioner, who is her mother. He further submits that the petitioner has falsely been involved in this case. The co-accused Gheesa Lal has been enlarged on bail by this Court by an order of even date. On the above grounds, learned counsel for the petitioner prays that the petitioner may be enlarged on bail. 12. On the other hand, learned Public Prosecutor has opposed the bail application. 13. Having regard to the rival contentions of the parties and upon a consideration of the facts and circumstances of the case more particularly looking to the statement made by the prosecutrix regarding the present petitioner, without commenting upon merits of the case, this Court is of the opinion that the bail application under Section 439 of Cr.P.C. filed by the petitioner deserves to be accepted. 14. Consequently, the present third bail application under Section 439 of Cr.P.C. is allowed. 14. Consequently, the present third bail application under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner - Smt. Lal Kunver W/o Raghuveer Singh Chouhan arrested in connection with F.I.R. No. 78/2021 registered at Police Station Begun, District Chittorgarh shall be released on bail provided she furnishes a personal bond of Rs. 1,00,000/- with two surety bonds of Rs. 50,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.