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2022 DIGILAW 555 (RAJ)

Yunus v. State of Rajasthan

2022-02-16

FARJAND ALI

body2022
JUDGMENT 1. By way of filing the instant miscellaneous petition, challenge has been made to the order dated 23.07.2021 passed by the learned Special Judge, POCSO No. 1, Bharatpur in Sessions Case No. 75/21 arose out of FIR No. 59/2018 registered at Police Station Jurhera, Distt. Bharatpur whereby the learned Trial Judge has taken cognizance of the offence and has issued warrant of arrest. 2. As a matter of fact, after investigation, the offence has been found proved against the accused Ajhru only, however, the learned Trial Judge has arraigned the petitioner as an accused and thus, issued process against him. 3. Since, after thorough investigation, the petitioner had been exonerated from the accusation and thus, his presumption of innocence has further been fortified by the conclusion of the Investigating team, therefore, instead of issuing warrant of arrest, the learned Trial Judge summoned the accused petitioner through summon or bailable warrant. 4. In this view of the matter, the petitioner is directed to appear before the learned Trial Court on or before 31.03.2021 and to move a regular bail application. 5. In the event, such a bail application is moved, the learned Trial Judge shall hear and allow the same on the very same day on the amount of surety and bonds to the satisfaction of the learned Trial Court. The learned Trial Judge shall withdraw the warrant of arrest issued by him. 6. It is made clear that if on due date i.e. 31.03.2021, the accused-petitioner does not surrenders himself and complies with the aforesaid directions, this order would become inoperative.