In the absence of rape allegations and considering the delay in trial, bail can be granted even for offenses under Section 376(2)(n) of the IPC and the POCSO Act.

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 17586/2022

Banwari Kumawat S/o Shivraj, Aged About 21 Years, R/o Sethan,

Tehsil Pisangan, P.s. Pisangan, Ajmer. (Presently Confined At

Central Jail Ajmer)

----Petitioner

Versus

State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s)

:

Mr. Vidyut Kumar Gupta

For Respondent(s)

:

Mr. Imran Khan, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

10/01/2023

The petitioner has been arrested in connection with FIR

No.217/2022 of Police Station Pisangan, District Ajmer, for the

offences punishable under Section 342, 506, 109 and 376(2)(n) of

IPC and Sections 3/4 and 5(L)/6 of POCSO Act, 2012. He has

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

Learned counsel for the petitioner submits that according to

the statement of prosecutrix, no allegation for committing rape

has been levelled against the present petitioner. Challan of the

case has already been presented. 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.

Learned Public Prosecutor has opposed the bail application.

(2 of 2)

[CRLMB-17586/2022]

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 Banwari Kumawat S/o

Shivraj, shall be released on bail in connection with FIR

No.217/2022 of Police Station Pisangan, District Ajmer 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

Ishan-33/