Khem Singh @ Vikash vs State

The petitioner has been arrested in connection with FIR No.12/2020 of Police Station Mandore, District Jodhpur for the offence punishable under Sections 363, 376 IPC, Section 3/4 of POCSO Act and Sections 3(1)(12), 3(2)(5) of SC/ST Act. He has preferred this bail application under Section 439 Cr.P.C.

Counsel for the petitioner submits that the prosecutrix has been examined before the trial court as PW-1 and she has not supported the prosecution story, therefore she has been declared hostile. The accused-petitioner is in judicial custody 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 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 Khem Singh @ Vikash S/o Late Sh. Andaram shall be released on bail in connection with FIR No.12/2020 of Police Station Mandore, District Jodhpur 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.