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Judgment
5 paragraphs · 336 wordsIn wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts.
This Court perused the material available on record. The petitioner has been arrested in connection with FIR No.63/2019 of Police Station Bhensroadgrah, District Chittorgarh for the offences punishable under Sections 363, 366(A), 376(D) and 120-B IPC and Sections 5/6 and 16/17 POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.
The petitioner is in custody since 21.12.2019 and charge sheet, in this case, has been filed on 09.03.2020. The statement of prosecutrix recorded under Section 161 Cr.P.C. indicates consensual relationship and telephonic calls between the prosecutrix and accused-petitioner. The statement recorded under Section 161 Cr.P.C. also indicates that the friendship was being tied up since last more than a year. The age of the prosecutrix is 17 years and age of the boy is 24 years. The statement of the prosecutrix recorded under Section 164 Cr.P.C. also indicates that the prosecutrix voluntarily travelled for 10 days along with the accused-petitioner and stayed in Guest House, while they ate in the hotel.
Learned Public Prosecutor opposed the bail application. Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems 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 Manoj S/o Babu Lal Teli shall be released on bail in connection with FIR No.63/2019 of Police Station Bhensroadgrah, District Chittorgarh 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.