Ajay vs State Of Rajasthan And Others

Manoj Kumar Garg, J

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.172/2022, Police Station Chorasi, Distt. Dungarpur for the offence under Sections 363, 366, 376(2), 376(3), 342, 120-B of IPC and Section 5/6 of POCSO Act.

Learned counsel for the petitioner submits that according to the statement of the prosecutrix, she went with the petitioner and both of them slept together out of her own free will. In cross-examination of court statement of the prosecutrix (PW-2), she also admits that the petitioner had sex with her six months ago with her consent. It is further contended that there are major contradictions in her statements. In these circumstances, since the petitioner is inside the jail since October, 2022 and the trial of the case will take sufficient long time, the benefit of bail may be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the bail application.

I have considered the arguments advanced before me and gone through the material available on record.

Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Ajay S/o Kalyan shall be enlarged on bail in FIR No.172/2022, Police Station Chorasi, Distt. Dungarpur provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.