Harsh Chauhan vs State on 4 July, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc.2nd Bail No. 1941 / 2017
Harsh Chauhan S/o Prakash Chauhan, B/c Kalawant R/o Palace
Road Sindhi Line, Sirohi District Sirohi (Raj.).
(Presently lodged in District Jail, Sirohi)

—-Petitioner
Versus
State of Rajasthan.

—-Respondent
__
For Petitioner(s) : Mr. Farzand Ali
For Respondent(s) : Mr. Ashok Upadhyay, P.P., for the State
__
HON’BLE MR. JUSTICE P.K. LOHRA
Order
04/07/2017

This is second attempt by the accused petitioner for seeking

bail in connection with FIR No.19/2016 registered at Police Station

Mahila Thana Sirohi, District Sirohi for offence under Sections 354

IPC and 7/8 of the Protection of Children from Sexual Offences

Act. Presently, trial is in progress before Special Judge (POCSO

Act), Sirohi (for short, ‘learned trial Court’) in Sessions Case

No.18/17.

The First bail application of the petitioner was dismissed on

16.01.2017 as not pressed at that stage.

Pressing this second bail application, it is submitted by

learned counsel for the petitioner that now trial has materially
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progressed and, out of seventeen, eight prosecution witnesses

have been examined. It is also urged by learned counsel that

statement of victim and her mother recorded during trial are

inconsistent/incongruous and the trial is likely to take considerable

time in its conclusion, therefore, further incarceration of the

petitioner is not desirable. It is also submitted by learned counsel

for the petitioner that petitioner is pursuing his studies of 10 th

Class and he is in custody since 20.12.2016, therefore, in the

backdrop of facts and circumstances and considering material

change in the circumstances, this bail plea merits favourable

disposition.

Learned Public Prosecutor has vehemently opposed the bail

plea of the petitioner. It is submitted by learned Public Prosecutor

that looking to the age of the victim and serious charges slapped

against the petitioner, it is not desirable to enlarge him on bail.

Having regard to the facts and circumstances of the case,

without expressing any opinion on merits of the case, I feel

persuaded to accede to the prayer of the petitioner.

Consequently, the bail application under Section 439 Cr.P.C.

is allowed and it is ordered that accused-petitioner,

Harsh Chauhan S/o Prakash Chauhan, arrested in connection with

F.I.R. No.19/2016, Police Station Mahila Thana Sirohi, District

Sirohi, may be released on bail; provided he furnishes a personal
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bond of Rs.50,000/- with two sureties of like amount to the

satisfaction of learned trial Court with the stipulation to appear

before that Court on all dates of hearing and as and when called

upon to do so.

(P.K. LOHRA)J.

Bharti/1

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