Mahendra Kumar vs State Of Rajasthan

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.223/2018 of Police Station Sojat City, District Pali for the offences punishable under Sections 363, 366A, 376D, 120B IPC and Section 5(G)/6 of the POCSO Act and Section 3(2)(v) of the SC/ST Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that after rejection of bail application of petitioner by this Court, statements of prosecutrix and her parents have been recorded before trial Court. Learned counsel for the petitioner has further submitted that initially prosecutrix in her complaint had alleged that one Kamlesh had abducted her and thereafter sexually assaulted her. She has further alleged that the petitioner along with two other persons, viz., Bhanwar Lal and Pratap Ram had thereafter sexually assaulted her. Learned counsel has submitted that, during the course of investigation, the prosecutrix, in her statement recorded under Section 164 Cr.P.C., has completely exonerated two persons, viz., Kamlesh and Bhanwar Lal, however, levelled allegation against the petitioner and co-accused Pratap Ram. It is also submitted that now the PW-1-prosecutrix in her Court statements has completely exonerated co-accused Pratap Ram and levelled allegation against the petitioner only. It is argued that if the whole statements of the prosecutrix recorded before trial Court are taken into consideration then it is clear that she has altogether changed the story which she has stated in her police statements. Learned counsel has submitted that parents of the prosecutrix in their Court statements have failed to give any proof of this effect that the petitioner was involved in any crime. It is submitted that the parents of prosecutrix have simply stated that they are levelling allegations against the petitioner only on the basis of information supplied to them by other persons. Learned counsel has, therefore, submitted that taking into consideration over all facts and circumstances of the case, it is clear that petitioner has been falsely implicated in the matter.

Learned Public Prosecutor has 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, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Mahendra Kumar S/o Sh. Sukha Ram Prajapat, shall be released on bail in connection with FIR No.223/2018 of Police Station Sojat City, District Pali provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/-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.