Kamlesh vs State Of Rajasthan

Kuldeep Mathur, J

This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.88/2022, registered at Police Station Bhupalsagar, District Chittorgarh, for offences under Sections 376(D)(A) IPC and Section 5(G)/6 POCSO Act.

Learned counsel for the petitioner drew attention of the Court towards the statement of prosecutrix “R” recorded before the competent criminal court on 25.01.2023 wherein, she has levelled allegation of sexual assault on Prakash and Ratan Lal. Learned counsel further submitted that the petitioner has not been named by the prosecutrix “R” and therefore there are very less chances of him getting convicted in this case. Learned counsel further submitted that the prosecutrix has already been declared hostile. The petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the bail application. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Kamlesh S/o Kishanlal Meena arrested in connection with F.I.R. No.88/2022, registered at Police Station Bhupalsagar, District Chittorgarh, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.