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2022 Supreme(Raj) 2756
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Ranjeet Kumar – Appellant
Versus
State of Rajasthan & Ors. – Respondent
S.B. Criminal Miscellaneous Bail Application No. 13610 of 2022
Decided On : 02-12-2022
Important Points
Subject
Criminal Law - Bail Application
Act Referred
INDIAN PENAL CODE : S.376(d), S.452
PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT : S.3, S.10, S.4, S.9(g)
SCHEDULED CASTES AND SCHEDULED TRIBES PREVENTION OF ATROCITIES ACT : S.3(1)(w)(i), S.3(2)(v)
Headnote
Bail Application - Criminal Law - The court granted bail to the accused-petitioner based on the facts and circumstances of the case, without commenting on the merits of the case.
Fact of the Case:
The petitioner filed a bail application under Section 439 Cr.P.C. for offences under IPC and POCSO Amendment Act. The petitioner cited the presentation of challan, absence of pending investigation, and a compromise between the parties as grounds for bail.
Finding of the Court:
The court deemed it just and proper to release the petitioner on bail, considering the facts and circumstances of the case, without commenting on the merits of the case.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: The court granted bail to the accused-petitioner based on the facts and circumstances of the case, without commenting on the merits of the case.
Final Decision: The bail application under Section 439 Cr.P.C. is allowed, and the accused-petitioner is ordered to be enlarged on bail upon fulfilling the specified conditions.
Virendra Acharya, Advocate, Nishank Madhan, Advocate, S.K. Mehar, Advocate, Narayan Yadav, Advocate, Dharmveer Choudhary, Advocate
JUDGMENT
Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.219/2022, Police Station Shri Vijay Nagar, District Sriganganagar for the offences punishable under Sections 452 & 376-D of IPC and Sections 3, 4, 9G & 10 of POCSO Amendment Act 2012, 2019 and Sections 3(1)(W)(i) & 3(2)(V) of the SC/ST Act, 1989.
2. Learned counsel for the petitioner submits that challan of the case has already been presented and no investigation is pending against the petitioner. A compromise has already been arrived between the parties. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the accused-petitioner.
3. Learned Public Prosecutor has opposed the bail application. Learned counsel for the complainant concurs the fact of compromise.
4. I have considered the arguments advanced before me and gone through the material available on record.
5. Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.
6. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner - Ranjeet Kumar @ Motu S/o Bhagwan Das, shall be enlarged on bail in FIR No.219/2022, Police Station Shri Vijay Nagar, District Sriganganagar provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
