Bherulal vs State And Others

Manoj Kumar Garg, J

The petitioner has been arrested in connection with F.I.R. No.19/2022 of Police Station Dholapani, District Pratapgarh, for the offence punishable under Section 143, 363, 366-A, 120-B of IPC and Section 3/4(2)of POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner submits that the prosecutrix in her statement recorded under Sections 161 & 164 Cr.P.C., levelled a specific allegation of committing rape against Raju Das. Counsel further submits that petitioner has been falsely implicated in this case. Challan of the case has been presented and no investigation is pending. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor 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, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Bherulal S/o Mohanlal, shall be released on bail in connection with F.I.R. No.19/2022 of Police Station Dholapani, District Pratapgarh provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- 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.