Gopal Singh vs State Of Rajasthan

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.207/2017 of Police Station Bheem, District Rajsamand for the offences punishable under Sections 363, 376(2) (J), 120(B) IPC and Section 5/6 of POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the complainant Ishwar Singh lodged an FIR on 07.06.2017 while stating that his minor daughter is missing from his house from 06.06.2017. After registration of the FIR, the minor daughter of the complainant was recovered on 11.06.2017 and her statements were recorded by the police wherein she has specifically stated that as her father Ishwar Singh used to quarrel with her and he is a drunkard, therefore, she left her house as per her own free will and stayed in the house of co-accused Chetan for a night and left for Ahemdabad with the accused petitioner Gopal Singh. However, later on, her supplementary statements were recorded by the police on 21.06.2017 wherein she has alleged that co-accused and the petitioner have sexually assaulted her, she has repeated the same allegation in her statements recorded under Section 164 CrPC. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is also submitted that though the charges were framed against the petitioner and the co-accused persons on 12.10.2017, but the statements of the prosecutrix have not been recorded before the trial Court because despite being summoned through warrant of arrest, she is not appearing for giving her evidence. It is also submitted that from the order sheets of the trial court, it is clear that even the complainant assured the trial court on 26.10.2018 that on 30.10.2018 the prosecutrix would appear before the trial court for giving her evidence but she failed to appear on 30.10.2018 also. Learned counsel has therefore submitted that on the next date before the trial court on 26.11.2018 again the prosecutrix did not appear before the trial court. Learned counsel has, therefore submitted that from the above fact situations, it is clear that the complainant party is lingering on the trial against the petitioner without sufficient reason.

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 Gopal Singh S/o Laxman Singh shall be released on bail in connection with FIR No.207/2017 of Police Station Bheem, District Rajsamand 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.