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Jadish vs State on 6 April, 2017

S.B. Criminal Misc. Bail No. 2925 / 2017
Jadish S/o Shri Ram Lal,, By Caste Bawri, Resident of Village
Jhambar, Police Station Hanumangarh Town, District
Hanumangarh. (Presently Lodged At District Jail, Hanumangarh)

State of Rajasthan Through Public Prosecutor

For Petitioner(s) : Mr. Rajesh Saharan
For Respondent(s) : Mr. K.V. Vyas, P.P.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

The instant bail application under Section 439 Cr.P.C. has

been preferred on behalf of the petitioner who is in custody in

connection with F.I.R. No.401/2016, registered at Police Station

Hanumangarh Town for the offences under Section 377 IPC and

Sections 4 and 6 of POCSO Act, 2012.

The victim is a deaf and dumb child. As per the admitted

prosecution case, he does not understand sign language. There is

no eye-witness of the incident in which it is alleged that the

petitioner sexually assaulted the victim. The entire prosecution

case is set up in the statement of Jogender Singh, the victim’s

father who alleged that when he made enquiries from the victim

by signs etc., he came to know that the present petitioner sexually
(2 of 2)

assaulted the victim. There is available on record, copy of the

criminal case instituted by Smt. Mohra Devi mother of the present

petitioner on 25.6.2016 in relation to an incident dated 23.6.2016

wherein cognizance has been taken against Jogender Singh

complainant of the present case for the offences under Sections

452, 323 and 354 IPC.

Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is directed that the petitioner Jadish arrested in

connection with the F.I.R. No.401/2016, registered at Police

Station Hanumangarh Town shall be released on bail provided he

furnishes a personal bond of Rs.50,000/- and two surety bonds of

Rs.25,000/- each to the 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.



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