Kuldeep Singh vs State Of Rajasthan

Devendra Kachhawaha, J

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.324/2020, Police Station Kapasan, District Chittorgarh, registered for the offences punishable under Sections 363 & 366 IPC and Section 16/17 of the POCSO Act.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner stated that as per statement under Section 164 Cr.P.C. prosecutrix is a major girl and she admitted that no rape was committed on her; she willfully eloped with the petitioner; charge-sheet has been filed; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.

Per contra, learned Public Prosecutor has opposed the bail application, however, did not controvert the arguments advanced by learned counsel for the petitioner.

Having regard to the facts and circumstances of the case and the fact that charge-sheet has been filed and trial of the case will take sufficiently long time, without expressing any opinion on the 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 is allowed. It is ordered that the petitioner - Kuldeep Singh S/o Ummed Singh, arrested in connection with F.I.R. No.324/2020, Police Station Kapasan, District Chittorgarh, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/- with 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.