HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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)
State of Rajasthan.
For Petitioner(s) : Mr. Farzand Ali
For Respondent(s) : Mr. Ashok Upadhyay, P.P., for the State
HON’BLE MR. JUSTICE P.K. LOHRA
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
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
(2 of 3)
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
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
(3 of 3)
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.