IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
VINIT KUMAR MATHUR, J.
Harendra Jajda, S/o. Virma Ram Jat and Ors. - Appellants
Versus
State of Rajasthan and Ors. - Respondents
S.B. Criminal Miscellaneous Bail Application Nos.1577 of 2022, 591 of 2022 and 1078 of 2022
Decided On : 18-02-2022
Criminal Procedure Code, 1973 – Section 439, 161 & 164 - Indian Penal Code, 1860 - Sections 363, 376(D), 376(2) (n) & 120-B - POCSO Act - Sections 3/4, 5M/6, 16/17 – Rape – Criminal conspiracy - Statement of Mst. 'R' recorded under Sections 161 & 164 Cr.P.C., incident is reported to be of six months prior to date of lodging F.I.R. - He further submits that Mst. 'R' had relationship with number of persons and visited different places with different persons of her own free will - He also submits that dispute arose only on account of non-payment of money to Mst. 'R' and if payment had been made, there was no occasion for lodging this F.I.R. – Held, having regard to peculiar facts and circumstances of case and submissions of learned counsel for petitioners is fortified from statement of Mst. 'R' recorded under Sections 161 & 164 Cr.P.C., this Court deems it just and proper to release petitioners on bail - It is ordered that accused-petitioners arrested in connection with F.I.R shall be released on bail provided each of them furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) each to satisfaction of learned trial court with stipulation to appear before that Court on all dates of hearing and as and when called upon to do so - Bail applications allowed.
ORDER :
Vinit Kumar Mathur, J.
1. All the above-mentioned bail applications shall stand decided by this common order as they arise out of same FIR.
2. The present bail applications have been filed under Section 439 of Cr.P.C. on behalf of the petitioners who are in custody in connection with F.I.R. No. 557/2021, Police Station Kotwali, District Chittorgarh for the offences under Sections 363, 376(D), 376(2) (n) & 120-B of the I.P.C. and under Sections 3/4, 5M/6, 16/17 of POCSO Act cases 2012-(In Criminal Misc. Bail Application No. 1577/2022), under Section 376-D of the I.P.C. and under Section 3/4 of POCSO Act - (In Criminal Misc. Bail Application No. 591/2022) & under Sections 363, 376(D), 376(2)(n) & 120-B of I.P.C. and under Sections 3/4, 5/6 & 16/17 of POCSO Act ( offences mentioned in F.I.R. under Section 3/4 of POCSO Act, 2012 & 376-D of the I.P.C.) - (In Criminal Misc. Bail Application No. 1078/2022).
3. Heard learned counsel for the parties. Perused the material available on record.
4. Learned senior counsel submits that as per the statement of Mst. 'R' recorded under Sections 161 & 164 Cr.P.C., the incident is reported to be of six months prior to the date of lodging the F.I.R. He further submits that Mst. 'R' had relationship with number of persons and visited different places with different persons of her own free will. He also submits that the dispute arose only on account of the non-payment of the money to Mst. 'R' and if the payment had been made, there was no occasion for lodging this F.I.R.
5. Learned Public Prosecutor & learned counsel for the complainant have vehemently opposed the bail applications.
6. Having regard to the peculiar facts and circumstances of the case and the submissions of the learned counsel for the petitioners is fortified from the statement of Mst. 'R' recorded under Sections 161 & 164 Cr.P.C., this Court deems it just and proper to release the petitioners on bail.
7. Consequently, the present bail applications filed under Section 439 of Cr.P.C. are allowed. It is ordered that the accused-petitioners-(1) Harendra Jajda S/o. Virma Ram Jat, (2) Mahesh Kumar S/o. Mali Ram Tulania Jat, (3) Smt. Divya Salvi @ Dakhi D/o. Ratan Lal Salvi, (4) Rohitash @ Golu S/o. Kamlesh Beniwal, (5) Aamin S/o. Kayum Ali Muslim Mevati, (6) Kanhaiyalal S/o. Baluram Prjapat, & (7) Monu Gurjar @ Narayan Gurjar S/o. Bhanwarlal Gurjar arrested in connection with F.I.R. No. 557/2021, Police Station Kotwali, District Chittorgarh shall be released on bail provided each of them furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) 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.
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