Nitesh 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. 417/2019

Registered at Police Station Kumher, District Bharatpur for the offence(s) under Sections 363, 376 and 366 of IPC and Section 3/4 of POCSO Act.

Counsel for the petitioner submits that the prosecutrix in her police statement had not stated about sexual intercourse. After that, she had made a

statement about sexual intercourse which cannot be relied upon. Counsel further submits that the petitioner is behind the bars since 29.08.2019 and the

conclusion of trial may take long time.

Learned Public Prosecutor has opposed the bail application.

Considering the contentions put-forth by the counsel for the petitioner and taking into account the facts and circumstances of the case and 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 under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Nitesh Kumar S/o Ram Veer

Singh shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the

satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.