In cases involving POCSO Act offenses, bail may be granted if there is a compromise between the parties and the trial is likely to be delayed.

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 17755/2022

Raja @ Rajkumar Son Of Ramkesh, Resident Of Kusaya Burja,

Police Station, Wazirpur, District Sawai Madhopur (Rajasthan).

(Presently Confined In Jail At Sawai Madhopur)

----Petitioner

Versus

State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s)

:

Mr. Rajneesh Gupta

For Respondent(s)

:

Mr. Babu Lal Nasuna, Dy. G.A.

Mr. M.K. Goyal, for complainant.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

09/01/2023

The petitioner has been arrested in connection with FIR

No.262/2022 of Police Station Wazirpur, District Sawai Madhopur

for the offences punishable under Sections 458, 363, 366-A, 376-

DA of IPC and Section 5/6 of POCSO Act. He has preferred this

bail application under Section 439 Cr.P.C.

Counsel for the petitioner submits that the compromise has

arrived at between the parties. 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 Dy. Government Advocate vehemently opposed the

bail application.

Counsel for the complainant concurs the fact of compromise.

(2 of 2)

[CRLMB-17755/2022]

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 Raja @ Rajkumar S/o

Ramkesh shall be released on bail in connection with FIR

No.262/2022 of Police Station Wazirpur, District Sawai Madhopur

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/89