Bajrang Lal vs State, Through P.p.

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.33/2019 of Police Station Mahila District Sri Ganganagar for the offences punishable under Sections 376-D, 450 IPC and under Section 5(G)/6 POCSO Act, 2012. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the allegation levelled against the petitioner of sexual assault is false. It is argued that there is a delay of five days in filing complaint by the prosecutrix. It is submitted that as a matter of fact, the petitioner and his friend went to Ganganagar for appearing in examination and during that time, they stayed in a rented room of their friend Dinesh. It is further submitted that father of the prosecutrix was co-tenant in the same house and he was having some issue with Dinesh and on account of that, quarrel took place between the petitioner and father of the prosecutrix. It is submitted that from the statements of landlord Surendra Bansal recorded during the course of investigation, it is clear that father of the prosecutrix informed him about the whole incident happened on 4.02.2019 and when landlord Surendra Bansal came to meet father of the prosecutrix on 5.2.2019, he simply informed him that the petitioner looted some money and misbehaved with his daughter. It is submitted that father of the prosecutrix has not alleged that the petitioner and his friend had sexually assaulted his daughter. It is submitted that from the above, it is clear that the allegation of sexual assault levelled against the petitioner is an after-thought and nothing else. It is submitted that the petitioner is student and is in judicial custody since long. It is further submitted that charge-sheet has been filed and trial of the case will take time.

Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Bajrang Lal S/o Sh. Sriram shall be released on bail in connection with FIR No.33/2019 of Police Station Mahila District Sri Ganganagar provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.