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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.401/2016, registered at Police Station
Hanumangarh Town for the offences under Section 377 IPC and
Sections 4 and 6 of POCSO Act, 2012.
The victim is a deaf and dumb child. As per the admitted
prosecution case, he does not understand sign language. There is
no eye-witness of the incident in which it is alleged that the
petitioner sexually assaulted the victim. The entire prosecution
case is set up in the statement of Jogender Singh, the victim''s
father who alleged that when he made enquiries from the victim
by signs etc., he came to know that the present petitioner sexually
assaulted the victim. There is available on record, copy of the
criminal case instituted by Smt. Mohra Devi mother of the present
petitioner on 25.6.2016 in relation to an incident dated 23.6.2016
wherein cognizance has been taken against Jogender Singh
complainant of the present case for the offences under Sections
452, 323 and 354 IPC.
Accordingly, the bail application under Section 439 Cr.P.C. is
allowed and it is directed that the petitioner Jadish arrested in
connection with the F.I.R. No.401/2016, registered at Police
Station Hanumangarh Town 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.