Jaisingh vs State Of Rajasthan

Learned counsel for the petitioner submitted that after dismissal of the first bail application is withdrawn by this Court vide order dated 2.11.2020,

charge-sheet has been filed on 23.11.2020, hence, this second bail application has been filed under Section 439 Cr.P.C. The petitioner has been

arrested in connection with FIR No. 153/2020 registered at Police Station Thoi, District Sikar for the offence under Section(s) 363,366,342 and 376 of

IPC and Section 3/4 of POCSO Act and later on for the offence under Section(s) 342,363,366A and 376D of IPC and Section 5/6 of POCSO Act.

It is contended by learned counsel for the petitioner that even as per the statement of the prosecutrix recorded under Section 161 CrPC, she was

acquainted with the petitioner for last three years and has left her home out of her free will. Drawing attention of this Court towards the statements of

the prosecutrix recorded under Section 161 CrPC and under Section 164 CrPC, learned counsel for the petitioner contended that the same are full of

material contradictions. He submitted that even the allegations levelled by the prosecutrix in her statement recorded under Section 164 CrPC, have not

found to be trustworthy by the investigating agency, inasmuch as charge-sheet has been filed against the petitioner only and not other co-accused

persons named by her in her statement. He submitted that the petitioner, aged 19 years, is in custody since 27.08.2020, charge-sheet has been filed,

trial of the case will take time, he has no criminal antecedents and prayed for his release on bail.

Learned Public Prosecutor has opposed the bail application. Taking into consideration the submissions advanced by learned counsel for the petitioner,

the nature of allegations against him, his length of custody and absence of criminal antecedents; but, without expressing any opinion on the merits of

the case, this court deems it just and proper to enlarge the petitioner on bail.

Accordingly, the bail application is allowed and it is directed that accused-petitioner Jaisingh S/o Shri Nathu Singh shall be released on bail under

Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum

of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of

the trial court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.