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2023 DIGILAW 1522 (RAJ)

Praveen Kumar @ Praveen Godara v. State of Rajasthan

2023-08-11

ANIL KUMAR UPMAN

body2023
ORDER : 1. Petitioner has filed this bail application under Section 439 of Cr.P.C. 2. F.I.R. No. 667/2022 was registered at Police Station Udhyog Nagar, District Sikar for offences under Sections 354D, 306 of IPC and under Section 11/12 of POCSO Act. Later on, police filed charge sheet for offences under Sections 452, 363, 342, 354(B), 354(D), 305 of IPC and Sections 7/8, 11/12 of POCSO Act and under Section 84 of Juvenile Justice Act. 3. It is contended by counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel for the petitioner submits that petitioner and deceased were friends and they were having good relations with each other. He further submits that ingredients of Section 107 of IPC are not visible in this case and no case under Section 305 of IPC is made out. He further submits that petitioner is in custody since 8.12.2022 and charge sheet has been filed and trial will take considerable time. 4. Learned Public Prosecutor assisted by counsel for the complainant has vehemently opposed this bail application and they submit that petitioner is fully responsible for suicide of the deceased. He further submits that on earlier occasion also on dated 21.9.2022, petitioner entered into the room of the deceased, however no complaint of this incident was made. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties and the fact that no specific allegation has been levelled against the petitioner, charge sheet has been filed and period of custody, but without commenting anything on merits and demerits of the case, I deem it proper to allow the bail application. 7. This bail application is accordingly allowed and it is directed that accused-petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.50, 000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25, 000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.