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Judgment
5 paragraphs · 338 wordsPerused the bail application and material available on record. The petitioner has been arrested in FIR No.23/2019 of Women Police Station, Banswara for the offences punishable under Sections 363, 366 and 376(2)(N) of I.P.C. and Section 5/6 of POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.
Heard Mr. Shambhoo Singh, learned counsel for the petitioner through Jitsi Meet App.
Learned counsel for the petitioner has submitted that after rejection of first bail application, statements of prosecutrix Shyama have been recorded as PW-2. Learned counsel for the petitioner has submitted that the prosecutrix in her statements has admitted that the petitioner was known to her from quite some time and they used to work as labourer together. Learned counsel for the petitioner has submitted that as a matter of fact, at the time of incident, the age of the prosecutrix was 17 years and she eloped with the petitioner as per her own free will, however, later on she filed this complaint under the pressure of her family members. Learned counsel for the petitioner has further submitted that from the statements of the prosecutrix, it is clear that relations between the petitioner and the prosecutrix were consensual.
Learned Public Prosecutor has 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, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Dinesh Charpota S/o Shri Laxman shall be released on bail in connection with FIR No.23/2019 of Women Police Station, Banswara 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.