Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 1622

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Kuldeep Prajapat – Appellant
Versus
State Of Rajasthan & Ors. – Respondents
S.B. Criminal Miscellaneous Bail Application No. 2325 of 2022
Decided On : 26-04-2022

Advocates appeared:
Mr. N.K. Rastogi, for the Appellant
Mr. Javed Gauri, Pp, Mr. N.K. Gurjar for Complainant, for the Respondent.

The court grants bail to the accused petitioner under Section 439 Cr.P.C.

Headnote:
IPC - Sections 376, 363 & 366: These sections deal with offences related to rape, kidnapping, and abduction. POCSO Act - Sections 3, 4, 11, 12: These sections deal with offences related to sexual assault on children.
Fact of the Case:
The petitioner has been arrested in connection with a case involving offences under Sections 376, 363 & 366 of IPC and Sections 3, 4, 11, 12 of POCSO Act. The petitioner seeks bail, claiming that any actions were with the consent of the prosecutrix. The prosecution opposes the bail application. The court, without expressing any opinion on the merits of the case, grants bail to the accused petitioner under Section 439 Cr.P.C.
Finding of the Court:
The court considers the totality of the facts and circumstances of the case and deems it just and proper to grant bail to the accused petitioner.
Ratio Decidendi: The court grants bail to the accused petitioner under Section 439 Cr.P.C.
Result: The bail application is allowed and the accused petitioner is directed to execute a personal bond and sureties for his appearance before the trial court.

ORDER

1. The petitioner has been arrested in connection with FIR No. 43/2022 of Police Station Pratap Nagar, District Bhilwara, for the offences punishable under Sections 376, 363 & 366 of IPC and Sections 3, 4, 11, 12 of POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.

2. Learned counsel for the petitioner submits that the prosecutrix went along with the petitioner and resided with the petitioner and if anything happened, it was with the consent of the prosecutrix. He further submits that challan of the case has already been presented and no investigation is pending against the petitioner. The trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

3. Learned Public Prosecutor and counsel for the complainant have vehemently opposed the bail application.

4. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

5. Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Kuldeep Prajapat S/o Shri Ram Prasad Prajapat, shall be released on bail in connection with FIR No.43/2022 of Police Station Pratap Nagar, District Bhilwara, provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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