HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 14037/2021

Hitendra Bhardwaj S/o Late Shri Upendra Nath Sharma, R/o

Near City Kotwali Ps Atalbandh Dist. Bharatpur Raj. At Present

Confined Central Jail Bharatpur Raj.

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s)

:

Mr. Bhuwnesh Sharma

Mr. N.C. Sharma

Mr. Yogesh Kumar Sharma

For Respondent(s)

:

Mr. CG Chopra, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

10/03/2022

1.

The instant bail application has been filed under Section 439

Cr.P.C. on behalf of accused-petitioner Hitendra Bhardwaj S/o Late

Shri Upendra Nath Sharma. The petitioner has been arrested in

connection with FIR No. 253/2019 registered at Police Station

Atalbandh, District Bharatpur for the offence(s) under Sections

376 IPC and Sections 3, 4, 5I & 6 of POCSO Act and Section 66E,

67, 67A & 67B IT Act.

2.

Learned counsel for the accused-petitioner submits that a

false case has been foisted against the petitioner. The accused-

petitioner is behind the bars since 26.08.2019. He has nothing to

do with the alleged offence. He is ready and willing to furnish the

bail bonds/sureties for his release.

(2 of 2)

[CRLMB-14037/2021]

3.

Per contra, learned Public Prosecutor opposed the bail

application.

4.

Heard learned counsel for the parties. Gone through the

entire material available on record more particularly the statement

of the prosecutrix recorded during the investigation and during

trial and that the petitioner is behind the bars since 26.08.2019, it

appears that the trial would still take a long time to conclude.

Thus, without commenting on the merits or going into the niceties

of the matter, 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 named above

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.

(FARJAND ALI),J

SAHIL SONI /204