Dharmapal Gurjar @APPELLANT@Hash State Of Rajasthan

The appellant has preferred this appeal aggrieved by order dated 14.02.2018 passed by Special Judge, POCSO Act Cases, Jaipur, whereby bail

application filed by the appellant under Section 439 Cr.P.C. was rejected.

F.I.R. No.433/2017 was registered at Police Station Pragpura, Jaipur (Rural) for offence under Sections 376, 363, 506 IPC read with Section 3, 4 of

Protection of Children From Sexual Offences Act, 2012 and Section 3(1)(w), 3(2)(v) & 3(2)(va) of the SC/ST (Prevention of Atrocities) Act.

It is contended by the Counsel for the appellant that there is delay of seven days in lodging of the FIR. FIR has been lodged by the prosecutrix. In

the FIR there is no allegation whatsoever against the present appellant. It is further contended that appellant has been made an accused after an

inordinate delay in the statement recorded under Section 164 Cr.P.C. It is also contended that charge-sheet has been filed and trial would consume

time.

Learned Public Prosecutor has opposed the appeal.

Considering the contentions put-forth by the Counsel for the appellant, I deem it proper to allow the appeal.

The order dated 14.02.2018 is set aside and the appeal is allowed and the appellant is directed to be released on bail provided he furnishes a

personal bond of Rs. 50,000/- (Rupees Fifty thousand only) and two sureties in the sum of Rs.25,000/-(Rupees Twenty Five thousand only) each to

the satisfaction of the learned trial court with the stipulation to appear before that Court and any court to which the matter is transferred, on all dates

of hearing and as and when called upon to do so.