Ajru @ Ajruddin vs State Of Rajasthan

This second bail application has been filed under Section 439 Cr.P.C. in connection with FIR No.17/2020 registered at Police Station Jurhara, District

Bharatpur for the offences under Sections 363, 366, 376 IPC & 3/4 POCSO Act.

This second bail application has been filed by the petitioner after the first bail application was rejected before the charge-sheet was filed. From the

perusal of the charge-sheet which has been filed, and after perusal of the medical report of the prosecutrix learned counsel submits that no signs of

rape can be said to have been found on the body of the prosecutrix. Statements have also come on record of the prosecutrix under Section 164

Cr.P.C., where she has changed her version three times. Learned counsel submits that there is an FIR registered against the members of the

complainant family and prosecutrix and over implication cannot be ruled out.

Learned counsel appearing for the complainant as well as learned Public Prosecutor have opposed the bail application.

Upon perusal of the Challan papers and taking into consideration the above facts but without commenting on the merits of the case, I deem it just and

proper to enlarge the petitioner on bail.

Therefore, this second bail application is allowed and it is ordered that the accused-petitioner Ajru @ Ajruddin S/o Aaseen be released on bail under

Section 439 CrPC in connection with aforesaid FIR provided he furnishes a personal bond of Rs.40,000/- with one surety in the like amount to the

satisfaction of the concerned Magistrate with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.