Research › Search › Judgment

Rajasthan High Court · body

2022 DIGILAW 524 (RAJ)

Aarti v. State Of Rajasthan

2022-02-15

ANOOP KUMAR DHAND

body2022
JUDGMENT anoop Kumar Dhand, J. - Since both the bail applications filed by the accused petitioners under Section 439 Cr.P.C., arise out of same FIR, hence, same are being decided by this common order. 2. Both the bail applications under Section 439 Cr.P.C. have been preferred on behalf of petitioners, who have been arrested in FIR No.490/2021 of Police Station Udhyog Nagar, District alwar for the offences punishable under Sections 323, 376 (d) (b) IPC and Section 5 (g)/6 of POCSO act. 3. Learned counsel for the petitioners submits that during the course of trial, statements of the victim and her father were recorded. Both the witnesses have turned hostile as they have not supported the case of prosecution. 4. Learned Public Prosecutor as well as learned counsel for the complainant have admitted the above factum that both prosecutrix and her father have turned hostile and they have not supported the case of prosecution. 5. Looking to the totality of the facts and circumstances of the case and also without expressing any opinion on merits or demerits of the case, this Court is of the opinion to grant indulgence of bail under Section 439 Cr.P.C. to both petitioners. 6. accordingly, both the bail applications, filed by the accused-petitioners under Section 439 Cr.P.C. are allowed and it is directed that petitioners Smt. aarti W/o Raghuveer and Rajveer @ Raju S/o Ramcharan shall be released on bail in connection with FIR No.490/2021 of Police Station Udhyog Nagar, District alwar provided each of them execute personal bonds in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/-each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. 7. Registry is directed to place a copy of this order in the connected file.