In cases involving offenses under the POCSO Act, the court may consider granting bail to the accused if there is a compromise between the victim and the accused and the trial is likely to take a long time to conclude.

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[CRLMB-11/2023]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 11/2023

Gajunath @ Sureshnath Kalbeliya S/o Kesarnath Kalbeliya, Aged

About 24 Years, R/o Mansingh Ji Ka Jhopara, P.s. Kotdi Dist.

Bhilwara. (At Present Lodged In Dist. Jail, Bhilwara).

----Petitioner

Versus

1.

State Of Rajasthan, Through Pp

2.

Smt. Kanku Devi W/o Parasmal Kalbeliya, R/o Para P.s.

Badnor Dist. Bhilwara.

----Respondents

For Petitioner(s)

:

Mr. RS Chundawat

For Respondent(s)

:

Mr. Vikram Sharma, PP

Mr. Deepak Choudhary

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

04/01/2023

The petitioner has been arrested in connection with F.I.R.

No.216/2022 of Police Station Aasind, District Bhilwara for the

offence punishable under Sections 363, 344, 376(2)(n), 376AB

IPC and Sections 5(J)(ii)/6, 5(L)(M)/6 of POCSO Act. He has

preferred this bail application under Section 439 Cr.P.C.

Counsel for the petitioner submits that the victim resided

with the petitioner for about one year and now a false FIR has

been lodged. Counsel further submits that compromise has also

been arrived at between the parties. The accused-petitioner is in

judicial custody and 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.

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[CRLMB-11/2023]

Learned counsel for the complainant concurs the fact of

compromise, however, learned Public Prosecutor has opposed the

bail application.

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.

Accordingly, the bail application filed under Sec.439 Cr.P.C. is

allowed and it is directed that petitioner Gajunath @ Sureshnath

Kalbeliya S/o Kesarnath Kalbeliya, shall be released on bail in

connection with FIR No.216/2022 of Police Station Aasind, 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.

(MANOJ KUMAR GARG),J

178-MS/-