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Girish Chand vs State Of Rajasthan Through Pp on 19 December, 2017

S.B. Criminal Miscellaneous Bail No. 16420 / 2017
Girish Chand S/o Late Shri Shyam Lal B/c Teli, R/o 105, Nekpur
Chorasi, Farukhabad, Uttar Pradesh. (At Present Confined in
Central Jail, Jaipur).
State of Rajasthan Through PP.

For Petitioner(s) : Mr. Dinesh Sharma Mr. Sazid Ali
For Respondent(s) : Mr. R. R. Gurjar PP.

Petitioner has filed this petition under Section 439 Code

of Criminal Procedure, 1973 seeking regular bail in F.I.R.

No.681/2017 registered at Police Station Sanganer, District Jaipur

City (East) for offences under Section 377 of Indian Penal Code,

1860, later added Sections 3/4, 5(d)/6 of Protection of Child from

Sexual Offence Act, 2012.

Learned counsel for the petitioner has submitted that

the petitioner is in custody since 31.8.2017. Challan has already

been presented in the court. As per the prosecution story,

petitioner had committed offence under Section 377 IPC. However,

prosecution case is not corroborated by medical evidence. As per

the medical evidence, on examination of the victim, it was found

that there was nothing suggestive that anal intercourse had been
(2 of 2)

done. No injury was seen on anal Examination of the victim nor

there was any tear or bleeding.

Learned State Counsel on the other hand, has opposed

the petition.

Keeping in view the facts and circumstances of the

case, it would be just and expedient to order the release of the

petitioner on bail.

Accordingly, without expressing any opinion on the

merits of the case, this petition is allowed. Petitioner be admitted

to bail subject to satisfaction of the Trial Court.



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