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Judgment
S.B. Criminal Miscellaneous Bail Application No. 1690/2020 :
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R.
No.138/2019, Police Station Chittorgarh Sadar, District Chittorgarh, for the offences under Sections 363, 366, 366-A, 376, 120-B of IPC and Section
3/4, 16/17 of POCSO Act.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
It is submitted by learned counsel for the petitioner that no allegation of rape has been levelled against the present petitioner. Only the vehicle in which
the petitioner and ‘Ms.Y’ travelled belongs to him. The co-accused Amar Singh has already been enlarged on bail by this Court vide order
dated 12/02/2020, therefore, it is prayed that the petitioner may be enlarged on bail.
The learned Public Prosecutor opposes the bail.
Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail
application filed by the petitioner deserves to be accepted.
Consequently, the bail application is allowed. It is ordered that the accused-petitioner Gopal Singh S/o Shri Udaiveer Singh arrested in connection with
F.I.R. No. 138/2019, Police Station Chittorgarh Sadar, District Chittorgarh shall be released on bail; provided he furnishes a personal bond of
Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties 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 on all dates of hearing and as and when called upon to do so.
S.B. Criminal Miscellaneous Bail Application No. 1363/2020 :
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R.
No.138/2019, Police Station Chittorgarh Sadar, District Chittorgarh, for the offences under Sections 363, 366, 366-A, 376, 120-B of IPC and Section
3/4, 16/17 of POCSO Act.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
It is submitted by learned counsel for the petitioner that the petitioner is known to the victim ‘Ms.Y’ for couple of years. The brother of
‘Ms.Y’ is a friend of the petitioner and, therefore, the petitioner was frequently visiting the house of ‘Ms.Y’. The petitioner has been
falsely implicated in the present case.
The case diary has been called and perused. As per the statements of ‘Ms.Y’ recorded under Sections 161 and 164 of Cr.P.C., she has stated
that because of the frequent visits of the petitioner at her house, she developed a friendship with the present petitioner and was regularly talking to
him. Her parents wanted her to marry some other person, which was not agreeable to her and she told her parents that she will marry the present
petitioner only. She had gone with the present petitioner to Kota and further to Delhi of her wish and volition and stayed with him without any force,
therefore, it is prayed that the petitioner may be enlarged on bail.
The learned Public Prosecutor opposes the bail.
Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail
application filed by the petitioner deserves to be accepted.
Consequently, the bail application is allowed. It is ordered that the accused-petitioner Amar Singh S/o Sh. Udaiveer Singh arrested in connection with
F.I.R. No. 138/2019, Police Station Chittorgarh Sadar, District Chittorgarh shall be released on bail; provided he furnishes a personal bond of
Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties 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 on all dates of hearing and as and when called upon to do so.