Kalu Ram vs State Of Rajasthan And Others

Manoj Kumar Garg, J

The petitioner has been arrested in connection with FIR No.287/2022 of Police Station Gangrar, Dist Chittorgarh for the offence punishable under Sections 363, 366, 344 & 376 (2)(F)(N) of IPC and under Section 5(J)(II)(L)/6 of POCSO Act. He has preferred this second bail application under Section 439 Cr.P.C.

The first bail application was dismissed as not pressed on 07.11.2023 with liberty to file a fresh bail application after recording the statement of prosecutrix before the trial court.

Counsel for the petitioner submits that on so many occasions, the prosecutrix was summoned by the trial court, but she did not turn up for her evidence, which is also evident from the progress report of the case as received from the trial court. The accused- petitioner is inside jail since 22.12.2022 and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the second bail application.

Having regard to the totality of the facts and circumstances of the case as well as considering the facts that despite repeated summons, the prosecutrix did not appear before the trial court for her evidence and the petitioner is inside jail since 22.12.2022, 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, the second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Kalu Ram S/o Bheru Lal Chamar shall be released on bail in connection with FIR No.287/2022 of Police Station Gangrar, Dist Chittorgarh provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- 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.