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Rohit S/O Gheesa Lal B/C Babriya vs State Of Rajasthan on 22 April, 2020

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

S.B. Criminal Miscellaneous IInd Bail Application No. 4161/2020

Rohit S/o Gheesa Lal B/c Babriya, Aged About 21 Years, R/o
Bhalta Dist. Jhalawar Raj. (At Present In Dist. Jail Jhalawar)
—-Petitioner
Versus
State Of Rajasthan, Through Pp
—-Respondent

For Petitioner(s) : Mr. Shailesh Kumar Panwar
For Respondent(s) : Mr. F.R.Meena, PP

HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Judgment / Order

22/04/2020

This IInd bail application has been filed under Section 439

CrPC in connection with FIR No.16/2020 registered at Police

Station Bhalta District Jhalawar(Raj.) for the offences under

Sections 342, 354 IPC and Section 7/8 of the Prevention of

Children From Sexual Offences Act.

Heard learned counsel for the petitioner as well as

learned Public Prosecutor.

Learned counsel for the petitioner submits that this is a

second bail application under Section 439 Cr.P.C. Earlier the bail

application was withdrawn and the present bail application has

been filed after change of circumstances as charge-sheet has

already been filed. Learned counsel submits that offence does not

go beyond the allegation for the offence under Section 354 IPC

and the petitioner is a young boy of 21 years of age. The girl was

with her younger sister and the younger sister’s statement has not

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(2 of 2) [CRLMB-4161/2020]

been recorded. The prosecutrix has not stated of any overt-act on

the part of the petitioner.

Learned Public Prosecutor has opposed the bail application.

Taking into consideration the statement of the girl, who is of

16 years of age and without further commenting on merits of the

case, I deem it just and proper to enlarge the petitioner on bail.

Therefore, this IInd bail application is allowed and it is

directed that accused petitioner Rohit S/o Gheesa Lal shall be

released on bail under Section 439 CrPC in connection with

aforesaid FIR provided he/she furnishes a personal bond of

Rs.20,000/- with one surety in the like amount to the satisfaction

of the concerned Magistrate with the stipulation that he/she shall

comply with all the conditions laid down under Section 437(3)

Cr.P.C.

(SANJEEV PRAKASH SHARMA),J

Anu /5

(Downloaded on 22/04/2020 at 08:47:19 PM)

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