Jay Prakash @ J P @ Bhal Singh vs State

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

The petitioner has been arrested in FIR No.191/2019 of P.S. Bhirani, District Hanumangarh for the offences punishable under Sections 376, 450, 506 I.P.C. and Section 3/4 of POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that after rejection of first bail application of the petitioner, charge-sheet has been filed against the petitioner in the trial court and the trial court has framed charges against the petitioner for the offences punishable under Sections 376, 450, 506 I.P.C. and Section 3/4 of POCSO Act.

It is further submitted that the statements of prosecutrix (PW-1) were recorded before the trial court on 19.12.2019 and from her evidence, it is clear that she, for the first time on 30.6.2019, made complaint to her mother regarding the incident of sexual assault allegedly took place on 10.01.2018. It is submitted that the prosecutrix in her statements has also admitted that on 30.06.2019, when the petitioner was leaving her house, then by a neighbour, who was an old lady, saw her and she complained to her mother regarding the same in the evening. Learned counsel for the petitioner has submitted that as a matter of fact, the mother of the petitioner had filed a complaint against real uncle of the prosecutrix regarding attempt to commit rape upon her and trial of the case is going on against him and for that reason only, the family members of the prosecutrix have pressurized the prosecutrix to file this false complaint against the petitioner.

Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case and having gone through the statements of prosecutrix (PW-1), without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Jay Prakash @ J P @ Bhal Singh S/o Shri Ramdhari shall be released on bail in connection with FIR No.191/2019 of P.S. Bhirani, District Hanumangarh provided he executes a personal bond in a 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 appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.