Manak Ram vs State Of Rajasthan

Manoj Kumar Garg, J

The petitioner has been arrested in connection with FIR No. 42/2023 of Police Station Bhopalgarh, District Jodhpur, for the offence punishable under Sections 363, 366-A, 376 of IPC and Section 3/4 and 16/17 of POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner submits that according to the statement of prosecutrix, she clearly mentioned that she roamed with the petitioner at so many places with her own free will and during this period she has not raised any hue and cry and if anything happened, then it was with the consent of the prosecutrix. 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 as well as counsel for the complainant 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 Manak Ram S/o Bhanwar Lal, shall be released on bail in connection with FIR No.42/2023 of Police Station Bhopalgarh, 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