HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc. Bail No. 4196 / 2017
Udai Lal S/o Kanhaiya Lal, Aged About 21 Years, By Caste-Jat, R/o
Jodhpuriya, P.S. Parsoli, District Chittorgarh.
(At Present Lodged in District- Jail, Chittrogarh)
State of Rajasthan
For Petitioner : Mr. R.K. Charan.
For Respondent-State: Mr. K.V. Vyas, PP.
HON’BLE MR. JUSTICE P.K. LOHRA
Heard learned counsel for petitioner as well as learned Public
This bail application is filed by petitioner under Section 439
Cr.P.C. seeking bail in FIR No.40/2017 of Police Station Parsoli,
District Chittorgarh for offence punishable under Sections 354 IPC
Sexual Offences Act, 2012.
It is submitted by learned counsel for petitioner that
petitioner has been falsely implicated in the matter. Learned
counsel would contend that there is serious discrepancy about age
of the prosecutrix inasmuch as, initially, in the FIR age of victim
was shown as 18 years but later on during investigation
POCSO Act is also slapped against the petitioner. Learned
counsel submits that the evidence, which is collected during
investigation for ascertaining age of the victim is not inspiring
confidence. Lastly, learned counsel has urged that investigation
in the matter has been completed and charge-sheet has already
been filed is yet another mitigating factor for grant of bail.
Learned Public Prosecutor has vehemently opposed the bail
plea of the petitioner.
Having regard to facts and circumstances of the case,
without expressing any opinion on merits, I feel persuaded to
grant indulgence to the petitioner.
Accordingly, the bail application under Section 439 Cr.P.C. is
allowed and it is ordered that accused-petitioner, Udai Lal S/o
Kanhaiya Lal, arrested in connection with F.I.R. No.40/2017, Police
Station Parsoli, District Chittorgarh may be released on bail;
provided he furnishes a personal bond of Rs.50,000/- with two
surety bonds of Rs.25,000/- each to satisfaction of the 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.