Advocates:
['DHOOP SINGH POONIA', 'p p', '', 'MOHAR PAL MEENA']

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 6730/2022

Sandeep Sain S/o Shri Banwari Lal, Aged About 28 Years,

Resident Of Village Jahota, Police Station Chomu, District Jaipur

(Raj.) ( At Present Confined In Central Jail, Jaipur (Raj.)

----Petitioner

Versus

State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s)

:

Mr. Dhoop Singh Poonia, Adv.

For Respondent(s)

:

Mr. Chandragupt Chopra, PP

Mr. Mohar Pal Meena, Adv.

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

24/05/2022

1.

The present bail application has been filed under Section 439

Cr.P.C. The petitioner has been arrested in connection with FIR

No.379/2021 Registered at Police Station Chaksu, Jaipur City

(South) for the offence(s) under Sections 363, 366(A), 376 (2)

(Jha) IPC, Section 3/4(2) of POCSO Act and Section 3 (1) (w) (ii),

3 (2) (v) of SC/ST (POA) Act.

2.

Learned counsel for the petitioner submits that the petitioner

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

since 14.09.2021. Learned counsel for the petitioner also submits

that as per statement of Medical Officer Dr. Vishakha Sharma, she

has clearly stated that at the time of examination, prosecutrix was

virgin and her hymen was intact and there is no chance of sexual

intercourse. Conclusion of trial may take long time.

(2 of 2)

[CRLMB-6730/2022]

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 and 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 Sandeep

Sain S/o Shri Banwari Lal shall 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

Judge for his appearance before the court concerned on all the

dates of hearing as and when called upon to do so.

(NARENDRA SINGH DHADDHA),J

Jatin /56