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Judgment
Heard learned counsel for the petitioners and learned Public
Prosecutor. Perused the material available on record.
The instant bail application under Section 439 Cr.P.C. has
been preferred on behalf of the petitioners who are in custody in
connection with F.I.R. No.107/2017 registered at Police Station
Bheemganj, District Bhilwara for the offences under Sections 452,
354(D), 366 and 511 IPC and Sections 11D and 12 of the POCSO
Act.
So far as the petitioner no.1 Altaf Raja is concerned, specific
grave allegations have been levelled by the victim against him in
her statement during investigation. Thus, at this stage, I am not
inclined to release the petitioner no.1 Altaf Raja on bail.
Accordingly, the instant bail application qua the petitioner
no.1 Altaf Raja is dismissed as being devoid of any merit.
As far as the petitioner no.2 Anwar is concerned, no
pertinent allegation of molestation etc. has been levelled against
him by the victim in her statement recorded under Section 164
Cr.P.C. Thus, having regard to the facts and circumstances
available on record but without expressing any opinion on the
merits of the case, this Court is of the opinion that the petitioner
no.2 Anwar deserves to be released on bail.
Accordingly, the bail application under Section 439 Cr.P.C.
qua the petitioner no.2 Anwar is allowed and it is directed that the
petitioner no.2 Anwar arrested in connection with the F.I.R.
No.107/2017 registered at Police Station Bheemganj, District
Bhilwara shall be released on bail provided he furnishes a personal
bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to
the satisfaction of the learned trial court with the stipulation to
appear before that Court on all dates of hearing and as and when
called upon to do so.