Nadim vs State Of Rajasthan And Others

Manoj Kumar Garg, J

The petitioner has been arrested in connection with FIR No. 150/2022 of Police Station Sagwada, District Dungarpur for the offence punishable under Sections 363,366, 342, 376(3) of IPC and Section 3/4 of POCSO Act. He has preferred this second bail application under Section 439 Cr.P.C.

The first bail application was dismissed by this Court vide order dated 13.07.2022 as not pressed at that stage.

Learned counsel for the petitioner submits that as per the statement of prosecutrix recorded under Section 164 Cr.P.C., prosecturix admitted that she went along with the petitioner with her own free will and roamed with him at so many places. During this period she did not raise any hue and cry; if anything happened, it was with the consent of the prosecutrix. Challan of the case has already been presented and no investigation is pending. 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 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 second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Nadim S/o Safi Mohd. shall be released on bail in connection with FIR No.150/2022 of Police Station Sagwada, District Dungarpur, 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.