Heera Lal @ Bablu vs State Of Rajasthan

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

The petitioners have been arrested in FIR No.38/2018 of Police Station Devnagar, Distt. Jodhpur for the offences punishable under Sections 363, 376(D), 120-B IPC and Section 5(G)/6 of the POCSO Act. They have preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioners has submitted that the prosecutrix (PW-1) and her parents Sanjay Singh and Anita, PW-2 and PW-3 respectively have not supported the prosecution story and turned hostile. It is submitted that since the important witnesses have already been turned hostile, there are remote chances of the petitioner being convicted in this case.

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 petitioners under Section 439 Cr.P.C.

Accordingly, these bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioners - Heera Lal @ Bablu S/o Ashok Kumar, Sunil Rao S/o Vishnu Rao and Wasim S/o Abdul Sattar shall be released on bail in connection with FIR No.38/2018 of Police Station Devnagar, Distt. Jodhpur provided each of them executes a personal bond in the 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/her appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.