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POCSO FIR | Rajasthan High Court grants bail on ground of delay in Investigation

POCSO FIR | Rajasthan High Court grants bail on ground of delay in Investigation

Recently, the bench headed by Justice Vinod Kumar Bharwani of the Rajasthan High Court has granted bail against the impugned order dated 09.01.2023 passed by the subordinate court on behalf of the applicant/accused, under section 439 of the Code of Criminal Procedure, first information report number 582/ 2022 

The counsel for the applicant/accused submitted that she is a woman, she has been falsely implicated, and she is innocent. There is no recovery and research left from him. He is in judicial custody since 10.12.2022. His mother-in-law is extremely ill. There is no one to serve him. There is no specific allegation against him. Investigation of the matter will take time.

Therefore, the request was made to release the applicant/accused on bail.

On the contrary, Public Prosecutor opposed the application and in view of the seriousness of the offence, requested to dismiss the application.

Considering the arguments of both sides, the Court observed 'The applicant is a woman and she is in custody since 10.12.2022. The possibility of delay in the investigation of the case cannot be ruled out.'

Therefore, after considering the arguments the applicant/accused was granted bail without expressing any final opinion on the
merits of the case. 

The Court further ordered applicant that if the applicant/accused furnishes a personal bond of Rs.50,000/- (literally fifty thousand rupees) and Rs. 25,000-25,000/- (letters twenty-five-twenty-five thousand rupees) to present two strong and reliable securities to the effect that she will continue to appear before the trial court on every date during the trial of the case.

Advocate Prashant Joshi, appeared for the accused and Public Prosecutor M.S. Saini represented the State Government. 

Case Title - Smt. Renu Kumawat vs. State of Rajasthan

 

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