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Judgment
23 paragraphs · 371 wordsIn the wake of second surge in the COVID-19 cases, the Court is functioning virtually and abundant caution is being maintained for the safety of all
concerned.
This Court perused the material available on record.
The petitioner has been arrested in connection with FIR No.260/2018 of Police Station Kesarisinghpur, Sriganganagar for the offences punishable
under Sections 363, 366, 354, 354A, 376/511 IPC and Sections 9/10, 11/12 of POCSO Act and Sections 3(2)(va) and 3(i)(w)(i)(ii) of SC/ST
(Prevention of Atrocities) Act.
He has preferred this interim bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that the petitioner is suffering from serious ailments being Paralysis, skin disease, gangrene and other
medical issues.
Learned counsel for the petitioner further submits that though the prayer made in this bail application is for grant 15 days interim bail, but since
subsequently, the petitioner's medical condition has deteriorated, therefore, may be granted 30 days' interim bail.
Learned Public Prosecutor though opposes the interim bail application, but submits that there are no aggravating reasons for denying the petitioner the
indulgence of interim bail, and also simultaneously, confirms the medical condition of the present petitioner, being verified from the concerned
authorities.
Thus, having regard to the overall facts and circumstances of the case, this Court is of the opinion that the petitioner deserves to be enlarged on
interim bail for a period of 30 days.
In view of the above, the present interim bail application is disposed of and it is ordered that the accused- petitioner Ashok Kumar S/o Parmanand,
arrested in connection with FIR No.260/2018 of Police Station Kesarisinghpur, Sriganganagar shall be released on interim bail for a period of 30 days
from the date of his actual release on his furnishing personal bond of Rs.2,00,000/- with two sound and solvent sureties of Rs.1,00,000/- each (out of
which one shall be of accused- petitioner's close family member) to the satisfaction of learned trial court that he will surrender before the concerned
Jail Authorities immediately after completion of 30 days of interim bail.
Let this bail application be again listed on 06.07.2021, and on that date, learned Public Prosecutor and learned counsel for the petitioner shall be
required to submit the compliance of this order.
