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Judgment
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the challan papers.
The instant bail application under Section 439 Cr.P.C. has
been preferred on behalf of the petitioner who is in custody in
connection with F.I.R. No.157/2016, registered at Police Station
Gajner, District Bikaner for the offences under Sections 363, 366-A
and 376(2)(N) IPC and Section 5L/6 of the POCSO Act.
Investigation is complete, charge-sheet has been filed
against the petitioner for the above offences. Learned counsel Shri
Gautam urges that the entire prosecution story is false and
fabricated. Two victim girls Mst.N and Mst.B in their statements
recorded under Section 161 Cr.P.C. clearly stated of love affairs
with the petitioner and that they had gone with the petitioner to
various places of their own free will and that the petitioner
subjected them to sexual intercourse under the false pretext of
marrying them. Both the girls were together at that time. Thus the
arguments advanced by the learned counsel for the petitioner that
the prosecution story is unbelievable, is not without any merit.
Furthermore when the two girls were examined under Section 164
Cr.P.C. they virtually gave up the allegation of sexual intercourse
and stated that the petitioner gave them some intoxicant with
juice in the fair at Village on 14.11.2016 and they did not know as
to what happened thereafter.
In this background and 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 deserves to be released on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is
allowed and it is directed that the petitioner Amit arrested in
connection with the F.I.R. No.157/2016, registered at Police
Station Gajner, District Bikaner 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.