Durgalal vs State Of Rajasthan

The petitioner has been arrested in connection with FIR No.304/2019 of Police Station Rawatbhata, District Chittorgarh, for the offence punishable under Sections 363, 366, 376 IPC and under Sections 3/4, 16/17 of POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.

Counsel for the petitioner appeared through video call and submits that according to the statement of prosecutrix, she went with the accused on his motorcycle with her own will. He further submits that the challan of the case has already been presented in this matter. 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 has vehemently 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 Durgalal S/o Kanwarlal shall be released on bail in connection with FIR No.304/2019 of Police Station Rawatbhata, Distt. Chittorgarh provided he executes a personal bond in a sum of Rs.50,000/- with one sound and solvent surety of Rs.50,000/- 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.