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Judgment
Heard learned counsel for the petitioners and learned Public
Prosecutor. Perused the material available on record.
The instant bail application under Section 439 Cr.P.C. has
been preferred on behalf of the petitioners who are in custody in
connection with F.I.R. No.174/2016, registered at Police Station
Kotadi, District Bhilwara for the offences under Sections 363,
366A, 342, 323 and 120B IPC and Sections 16/17 & 18 of the
POCSO Act.
The victim Mst.S in her statement recorded under Section
161 Cr.P.C. clearly took the petitioners'' name as the assailants.
However, upon being examined under Section 164 Cr.P.C., she
stated that she did not know the accused from before and alleged
that she could identify them.
Looking to the significant and material contradictions in two
statements of the victim and having regard to the facts and
circumstances available on record but without expressing any
opinion on the merits of the case, this Court is of the opinion that
the petitioners deserve to be released on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is
allowed and it is directed that the petitioners (1) Chandra Prakash
and (2) Smt. Hulasi Nath arrested in connection with the F.I.R.
No.174/2016, registered at Police Station Kotadi, District Bhilwara
shall be released on bail provided they furnish a personal bond of
Rs.50,000/- each and two surety bonds of Rs.25,000/- each to the
satisfaction of the learned trial court with the stipulation to appear
before that Court on all dates of hearing and as and when called
upon to do so.