HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 14961/2022

Pawan Kumar Yogi S/o Shri Makhan Lal Yogi, Aged About 25

Years, Resident Of Gram Bilandarpura, Police Station Shahpura,

District Jaipur, (Presently Accused Confined In Central Jail

Jaipur)

----Petitioner

Versus

State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s)

:

Mr. Rajendra Singh Tanwar, Adv.

For Respondent(s)

:

Mr. Mangal Singh Saini, PP.

Mr. Manish Kumar Sharma, Adv.

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

10/02/2023

1.

The present bail application has been filed under Section 439

Cr.P.C. in connection with FIR No. 173/2022 Registered at Police

Station Amarsar, Jaipur (Rural) for the offence(s) under Sections

377, 506, 120B and Section 67A of Information Technology Act,

2008 & Section 92 of Rights of Persons with Disabilities Act, 2016,

(challan was filed for the offence under Sections 377, 506, 120B

IPC and Sections 5(T)/6, 5(Tha)/6 of POCSO Act, 2012 and

Section 92 of Rights of Persons with Disabilities Act, 2016 and

Section 67A of Information Technology Act, 2008).

2.

Learned counsel for the petitioner submits that the petitioner

has been falsely implicated in this case. He is behind the bars

since 18.07.2022. Chargesheet has been filed against the

(2 of 2)

[CRLMB-14961/2022]

petitioner. Allegation of unnatural sex is on Dharmendra Kumar.

Petitioner did not viral any video of victim and conclusion of trial

may take long time. Hence, the petitioner may be enlarged on

bail.

3.

Learned Public Prosecutor as well as learned counsel for the

complainant have opposed the bail application.

4.

Considering the contentions put-forth by the counsel for the

petitioner and taking into account the facts and circumstances of

the case, without expressing any opinion on the merits of the

case, this court deems it just and proper to enlarge the petitioner

on bail.

5.

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

allowed and it is ordered that the accused-petitioner Pawan

Kumar Yogi S/o Shri Makhan Lal Yogi be enlarged on bail

provided he furnishes a personal bond in the sum of Rs.50,000/-

with two sureties of Rs.25,000/- each to the satisfaction of the

learned trial court with the stipulation that he will appear before

the trial court on all subsequent dates of hearing and as and when

called upon to do so.

(NARENDRA SINGH DHADDHA),J

Seema/9