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Judgment
7 paragraphs · 361 wordsJ. P. Gupta, J
This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No.348/2020 registered at P.S. Chhipabad, District- Harda for the offence punishable under Sections363, 366, 376 of the IPC and Section 3/4 of the POCSO Act.
As per the prosecution story, the allegation against the applicant-accused is that he kidnapped and committed rape with the prosecutrix who was minor at the time of incident being 17 years and 10 months old.
On behalf of the applicant-accused it is contended that the applicant has been falsely implicated in this case. He is in custody since 23.7.2020. Charge-sheet has been filed. The trial will take considerable time. It is further submitted that as per the statement under Section 164 of the Cr.P.C., the prosecutrix went with the applicant on her own will and sexual intercourse was taken place with her consent. So far as the age of the prosecutrix is concerned, as per the High School examination mark-sheet issued by the Board of Secondary Education, her age was above 18 years at the time of incident. Therefore, the applicant has not committed any offence. His further custody is not warranted. There is no likelihood of his absconding and tampering with the prosecution evidence. Therefore, he prays that the applicant-accused be released on bail.
Learned Panel Lawyer and the counsel appearing for the objector opposed the application and submitted that prosecutrix was minor at the time of incident, therefore, the application be rejected.
Having considered the contentions of the learned counsel for the parties and on perusal of the record, the application is allowed. It is ordered that the applicant-accused Dipesh @ Jugal be released on bail on his furnishing a personal bond for the sum of Rs.40,000/- (Rs. Forty thousand only) with a solvent surety in the like amount to the satisfaction of the trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial and for complying with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C.
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