Kamlesh vs State Of Rajasthan

Manoj Kumar Garg, J

The petitioner has been arrested in connection with FIR No. 121/2022 of Police Station Sindhari, District Barmer for the offence punishable under Section 363, 366, 376(2)(n), 506 of IPC and Section 5L/6 of Protection of Children From Sexual Offences Act, 2012. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner submits that FIR has been lodged in this case after a considerable delay and this delay has not at all been explained by the prosecutrix. Counsel further sumits that prosecutrix went along with the petitioner at her own free will and during this period she did not raise any hue and cry. Challan of the case has already been presented and no investigation is pending. The accused-petitioner is behind the bars 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 and learned counsel for the complainant have vehemently opposed the bail application.

Having regard to the totality of the facts and circumstances of the case, 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 bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Kamlesh S/o Sh. Chanda Ram, shall be released on bail in connection with FIR No. 121/2022 of Police Station Sindhari, District Barmer 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.