Udai Lal vs State on 5 July, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
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)

—-Petitioner
Versus
State of Rajasthan

—-Respondent
__
For Petitioner : Mr. R.K. Charan.

For Respondent-State: Mr. K.V. Vyas, PP.
__
HON’BLE MR. JUSTICE P.K. LOHRA
Order
05/07/2017

Heard learned counsel for petitioner as well as learned Public

Prosecutor.

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

and under Sections 11/12 of the Protection of Children from

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

considering her to be minor, offence under Section 11/12 of the
(2 of 2)
[CRLMB-4196/2017]

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.

(P.K. LOHRA)J.

a.asopa/-20

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