Neta @ Prem Singh S/o Shri Mansingh vs State of Rajasthan

Heard learned counsel for the parties.

This bail application has been moved on behalf of the

petitioner in FIR No. 202/2017, P.S. Kanchanpur, Dholpur

registered for the offence under Sections 323, 341, 363 & 376 IPC

and Sections 3 & 4 of POCSO Act.

Learned counsel for the petitioner submits that during

trial statements of prosecutrix Kumari Sharda has been recorded

as PW-2, who has categorically stated that accused-Neta @ Prem

Singh is not the person who committed rape upon her. At that

time accused-petitioner Neta @ Prem Singh was present in the

trial court. He has also referred the statement of complainant PW-

1 Mahendra, who has also not supported the prosecution story

against the present petitioner. Both the witnesses have been

declared hostile by the prosecution.

Learned Public Prosecutor has opposed the prayer.

Without expressing any opinion on the merits of the

case but taking into consideration the overall facts and

circumstances of the case, I deem it just and proper to enlarge

the petitioner on bail.

Consequently, the bail application filed by him under

Section 439 Cr.P.C. is allowed.

It is ordered that the accused-petitioner Neta @ Prem

Singh S/o Shri Mansingh in FIR No. 202/2017, registered at P.S.

Kanchanpur, Dholpur, shall be released on bail; provided he

furnishes a personal bond of Rs.50,000/- with two surety bonds of

Rs.25,000/- each to the satisfaction of the learned trial court with

the stipulation to appear before that Court on all dates of hearing

and as and when called upon to do so.