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Judgment
7 paragraphs · 344 wordsKuldeep Mathur, J
This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.5/2023 Police Station Purani Aabadi, District Sri Ganganagar, for the offences under Sections 363, 366-A of IPC and under Section 84 of the Juvenile Justice Act.
Heard learned counsel for the petitioner and learned Public Prosecutor and also perused the material available on record.
Drawing attention of the Court towards the statements of the prosecutrix recorded under Section 161 Cr.P.C. before the competent criminal court on 15.01.2023, learned counsel submitted that from the perusal whereof, it is apparent that the prosecutrix remained in the company with the present petitioner out of her free will and violation. Learned counsel submitted that from the statements of the prosecutrix, it is apparent that the prosecutrix was not subjected to sexual assault by the present petitioner. Learned counsel submitted that challan has already been filed; the accused-petitioner is behind the bars and the trial of the case will take sufficiently long time to conclude, therefore, the benefit of bail should be granted to the accused-petitioner.
Per contra, learned Public Prosecutor and learned counsel for the complainant vehemently opposed the bail application.
Having regard to the facts and circumstances of the case and in view of the aforesaid statements made under Section 161 Cr.P.C. by the prosecutrix and also without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioner-Harpreet Singh @ Happy S/o Sh. Malkeet Singh, arrested in connection with FIR No.5/2023 Police Station Purani Aabadi, District Sri Ganganagar, shall be released on bail; provided he executes a personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court. Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.