Kailash Saharan vs State of Rajasthan

Mr. Pankaj Bhandari, J.—The petitioner has moved this bail application under Section 439 Cr.P.C.

The FIR in this case pertains to Sections 363, 366A, 109 & 376 IPC and Section 3/4 of the Protection of Children from Sexual Offences Act.

The contention of the counsel for the petitioner is that in her earlier statement recorded before the Magistrate, the prosecutrix did not name the present petitioner. The present petitioner was also not named in the FIR and it is only after six months, in the first statement recorded under Section 164 Cr.P.C., that the prosecutrix named the present petitioner.

Considering the fact that the prosecutrix has not named the present petitioner in her earlier statement recorded under Section 164 Cr.P.C. and the present petitioner has also not named in the FIR as also the fact that the co-accused in this case has been granted bail by this Court, I deem it proper to grant bail to the present petitioner.

Consequently, the bail application is allowed. It is ordered that the accused-petitioner, Kailash Saharan s/o Sh. Bhanwarlal arrested in connection with FIR No. 109/2015, Police Station, Muklawa, District Sri Ganganagar 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.