HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2071/2020
Pooranmal Nagda S/o Shri Unkarlal Nagda, Aged About 32 Years,
R/o Bohada, Badi Sadari, Distt. Chittorgarh, At Present
Amritnagar, Debari, Distt. Udaipur (Raj.).
—-Petitioner
Versus
State, Through Pp
—-Respondent
For Petitioner(s) : Mr. Anuj Sahlot
For Respondent(s) : Mr. Sudhir Tak, PP
HON’BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
17/02/2020
This application for anticipatory bail has been filed by the
petitioner apprehending his arrest in connection with F.I.R.
No.01/20, Police Station Sukher, District Udaipur, for the offences
under Sections 354 IPC Section 11(4),12 of the POCSO Act.
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submits that after the
incident, the proceedings under Section 107 and 151 Cr.P.C. were
already against the present petitioner on a complaint being lodged
by the mother of the victim Mst. ‘A’. For the same incident, father
of the victim has lodged the present FIR.
The learned Public Prosecutor opposes the bail.
Having regard to the facts and circumstances of the case and
upon a consideration of the arguments advanced, this Court is of
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the opinion that it is a fit case for grant of anticipatory bail to the
petitioner under Section 438 Cr.P.C.
Accordingly, the bail application is allowed and it is directed
that in the event of arrest of petitioner Pooranmal Nagda S/o
Unkarlal Nagda, in connection with F.I.R. No.01/20, Police
Station Sukher, District Udaipur, the petitioner shall be released on
bail; provided he furnishes a personal bond in the sum of
Rs.50,000/- (Rupees: Fifty Thousand Only) along with two
sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only)
each to the satisfaction of the concerned Investigating
Officer/S.H.O. on the following conditions :-
(I) that the petitioner shall make himself available for
interrogation by a police officer as and when required;
(ii) that the petitioner shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with
the facts of the case so as to dissuade him from disclosing
such facts to the court or any police officer; and
(iii) that the petitioner shall not leave India without previous
permission of the court.
(VINIT KUMAR MATHUR),J
100-praveen/-
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