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Dilip Singh vs State on 18 December, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 14201/2019

Dilip Singh S/o Sita Ram, Aged About 49 Years, B/c Ravna
Rajput, R/o Bijaypur Police Thana Bijaypur, District Chittorgarh.
(At Present Lodged At Distt. Jail Chittorgarh).

—-Petitioner
Versus
State, Through P.p.

—-Respondent

For Petitioner(s) : Mr. Anuj Sahlot
For Respondent(s) : MR. Shrawan Bishnoi, PP

HON’BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

18/12/2019

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.40/2019 of Police

Station Bijaypur District Chittorgarh for the offences punishable

under Sections 354 IPC and Section 7/8 of POCSO Act. He has

preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

allegation against the petitioner of outraging modesty of minor

daughter of the complainant is false. It is submitted that no

specific act has been narrated by the minor daughter of the

complainant and she has simply said that the petitioner caught

hold of her hand. It is further submitted that the petitioner is

around fifty years old and he is in judicial custody since long.

(Downloaded on 18/12/2019 at 09:01:04 PM)

(2 of 2) [CRLMB-14201/2019]

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case and taking into consideration the fact that charge-

sheet has been filed and no specific act of the petitioner has been

narrated by the minor daughter of the complainant, without

expressing any opinion on the merits of the case, I deem it just

and proper to grant bail to the accused petitioner under Section

439 Cr.P.C.

Accordingly, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner Dilip Singh S/o

Sita Ram, shall be released on bail in connection with FIR

No.40/2019 of Police Station Bijaypur District Chittorgarh provided

he executes a personal bond in a sum of Rs.50,000/- with two

sound and solvent sureties of Rs.25,000/- each to the satisfaction

of learned trial court for his appearance before that court on each

and every date of hearing and whenever called upon to do so till

the completion of the trial.

(VIJAY BISHNOI),J

SURABHII/9-

(Downloaded on 18/12/2019 at 09:01:04 PM)

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