Naresh Kumar vs State Of Rajasthan

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 473/2019 registered

at Police Station Hindaun City, District Karauli for the offence(s) under Section(s) 363 & 366-A of I.P.C. and later on for the offence under Sections

363, 366-A, 376(3) & 376(2)(N) of I.P.C. and Sections 3/4, 5-th/6 and Section 16/17 of Protection of Children From Sexual Offences Act, 2012.

Drawing attention of this Court towards the statements of the prosecutrix (PW-1), her mother, Smt. Bhuri (PW-2) and her father, Bhagwan Sahay

(PW-3), learned counsel for the petitioner contended that all the three material witnesses have turned hostile and have not supported the prosecution

story. He submits that the petitioner is in custody since 25.11.2019, trial of the case will take time and prays for his release on bail.

Learned Public Prosecutor has opposed the bail application. Taking into consideration the submissions advanced by learned counsel for the petitioner,

his length of custody and especially the statements of the prosecutrix (PW-1), her mother (PW-2) and her father (PW-3); but, without expressing any

opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail.

Accordingly, the bail application is allowed and it is directed that accused-petitioner Naresh Kumar S/o Shri Ram Chandra shall be released on bail

under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in

the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the

satisfaction of the trial Court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.