Omprakash vs State of Rajasthan

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.45/2019 of Police Station Panchu, District Bikaner for the offence punishable under Section 376/120-B IPC and Section 16/17 of POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the allegation of sexual assault is not against the petitioner but against juvenile accused Hanumanaram. It is submitted that the allegation against the petitioner is to the effect that he helped juvenile accused Hanumanaram in commission of crime. It is submitted that the charge-sheet has been filed and the trial of the case will take time.

Learned Public Prosecutor has 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, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Omprakash S/o Derama Ram shall be released on bail in connection with FIR No.45/2019 of Police Station Panchu, District Bikaner 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.