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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. CRIMINAL MISCELLANEOUS BAIL NO. 7538/2017
Hansraj Son of Daulatram by Caste Rajput, R/o Kabari Wali
Gali, Behror Tehsil Behror District Alwar.
(Presently Confined in Sub. Jail, Behror)
State of Rajasthan Through PP
For Petitioner : Mr. Ashvin Garg
For Respondent : Mrs. Meenakshi Pareek, P.P.
HON’BLE MRS. JUSTICE SABINA
Petitioner has filed this petition under Section 439
Code of Criminal Procedure, 1973 seeking regular bail in
F.I.R. No.305/2017 registered at Police Station Behror, District
Alwar, for offence under Section 377 Indian Penal Code, 1860.
Learned counsel for the petitioner has submitted
that the victim is aged about twenty years. As per the
prosecution story, occurrence had taken place on 22.4.2017,
whereas, FIR was got registered on 29.4.2017. Victim was
medically examined on 30.4.2017 and no injury was seen in
his perianal area. Petitioner is in custody since 29.4.2017.
Presently petitioner is in judicial custody and is not required
for further investigation.
Learned State Counsel on the other hand, has
opposed the petition.
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Keeping in view the facts and circumstances of the
case, it would be just and expedient to order the release of
the petitioner on bail.
Accordingly, without expressing any opinion on the
merits of the case, this petition is allowed. Petitioner be
admitted to bail subject to satisfaction of the Trial Court.