Bharat Bhushan vs State Of Rajasthan

Heard learned counsel for the parties and perused the material available on record.

The petitioner(s) has/have been arrested in FIR No.252/2020 of Police Station Naya Shahar, Distt. Bikaner for the offence(s) punishable under

Section(s) 376(2)(N), 376(3), 354 IPC and Section 5/6, 7/8 of the POCSO Act. He/she/they has/have preferred this/these second bail application(s)

under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that allegation of sexually assaulting the complainant and her two minor daughters, levelled against

the petitioner, is absolutely false. It is submitted that the complainant and her minor daughters used to do labour in the packing industry of the

petitioner, however, on account of some dispute regarding payment of wages, this false complaint of sexually assaulting the complainant and her minor

daughters has been filed against the petitioner. It is submitted that the complainant and her minor daughters, in their statements, have stated that the

petitioner clicked some nude photos and has also made some obscene videos of them but from the charge-sheet, it is clear that no such nude photos or

obscene videos have been recovered by the police and the charge-sheet has also not been filed against the petitioner for the said offences. It is further

submitted that the petitioner is in custody since long and trial of the case is likely to take time.

Learned Public Prosecutor has opposed the bail application(s).

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 petitioner(s) under Section 439 Cr.P.C.

Accordingly, this/these second bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) - Bharat Bhushan

S/o Vaidhnath shall be released on bail in connection with FIR No.252/2020 of Police Station Naya Shahar, Distt. Bikaner provided he/she/they

execute(s) a personal bond in the 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/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.