Baldev @ Bulla Ram vs State

Heard learned counsel for the partes and also perused the material on record.

The petitioner has been arrested in FIR No.144/2020 of Police Station Bajju District Bikaner for the offences punishable under Sections 354-G, 376[2]

[j], 506, 450 IPC and under Sections 3/4, 11/12 of POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the allegation of sexual assault against the petitioner is absolutely false. It is argued that initially,

father of prosecutrix in his complaint, submitted before the Superintendent of Police on 07.08.2020 has not levelled the allegation of sexual assault and

he simply stated that the petitioner was harassing his daughter by passing remarks and by constantly calling her on mobile phone, however, the

statements of prosecutrix recorded under Section 161 CrPC wherein, she has falsely alleged that around one month before, the petitioner had sexually

assaulted her and she has also reiterated the same in her statements recorded under Section 164 CrPC. It is submitted that as a matter of fact, the

allegation of sexual assault levelled against the petitioner is only with the intention to make serious case against him. It is further submitted that charge-

sheet has been filed and trial of the case will take time.

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

complainant has submitted that the prosecutrix is minor, therefore, the petitioner is not entitled to be enlarged on bail.

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 Baldev @ Bulla Ram S/o Shri Madan Lal

shall be released on bail in connection with FIR No.144/2020 of Police Station Bajju District Bikaner 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.