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Judgment
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
The instant bail application under Section 439 Cr.P.C. has
been preferred on behalf of the petitioner who is in custody in
connection with F.I.R. No.01/2017, registered at Police Station
G.R.P., Bikaner for the offences under Sections 363, 366-A, 354,
354-A, 376(2)(1)(N), 323, 341 & 343 IPC and Sections 7/8 & 5L/6
of the POCSO Act.
In the FIR registered on the basis of Parcha Bayan of the
prosecutrix Smt.P. a major married woman, the petitioner is not
named as an accused. In her statement recorded under Section
164 Cr.P.C., the prosecutrix alleged that the main accused Than
Singh abducted her and took her to the petitioner''s house at
Jaipur where the petitioner tried to force himself upon her. Except
this, there is no other allegation levelled by the prosecutrix
against the petitioner in her statement.
In this background and having regard to the facts and
circumstances available on record but without expressing any
opinion on the merits of the case, this Court is of the opinion that
the petitioner deserves to be released on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is
allowed and it is directed that the petitioner Hukam Singh arrested
in connection with the F.I.R. No.01/2017, registered at Police
Station G.R.P., Bikaner shall be released on bail provided he
furnishes a personal bond of Rs.50,000/- and two surety bonds of
Rs.25,000/- 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.