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IN THE HIGH COURT OF JUDICATURE FOR

RAJASTHAN AT JODHPUR

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CRIMINAL MISC. BAIL(CRLMB) NO.11202/2016

Petitioner:-

Sagar Joshi S/o Amritlal B/c Joshi R/o P.N.T.

Colony, Pali at present-77, Mahaveer Nagar, P.S.

Kudi Bhagtasani, Jodhpur.

(Petitioner is confined in Central Jail Jodhpur)

VERSUS

Respondent:-

The State of Rajasthan.

Date of Order : 05.12.2016

HON'BLE MR. VIJAY BISHNOI, J.

Mr. H.M. Saraswat, for the petitioner.

Mr. Deepak Choudhary, Public Prosecutor.

ORDER

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Heard learned counsel for the petitioner as well as

learned Public Prosecutor and also perused the material

on record.

The petitioner has been arrested in FIR No.

342/2016 of Police Station, Kotwali Pali, for the

offences punishable under Sections 363, 366, 368, 376

IPC and Section 3/4 POCSO Act, 2012. He has

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

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Learned counsel for the petitioner has submitted

that from the statement of the prosecutrix recorded

under Section 161 and 164 Cr.P.C., it is clear that she

went with the petitioner as per her own free will. It is

also contended that petitioner lived with the petitioner

at Jodhpur for some days and solemnized marriage. It

is also contended that the petitioner and the

prosecutrix were having love affair for quite some time

and both of them decided to marry each other and in

that process, the petitioner has brought the prosecutrix

at Jodhpur. It is further contended that the petitioner

is only 20 years of age and remained in custody from

quite long time. It is further argued that prosecutrix

has given statement against petitioner under the

pressure of her family members.

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, this bail application filed under

Section 439 Cr.P.C. is allowed and it is directed that

petitioner Sagar Joshi S/o Amritlal shall be released on

bail in connection with FIR No. 342/2016 of Police

Station, Kotwali Pali, provided he executes a personal

bond in a sum of Rs.50,000/- with two sound and

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

of learned trial court for his appearance before that

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court on each and every date of hearing and whenever

called upon to do so till the completion of the trial.

(VIJAY BISHNOI), J.

Gaurav