Padam Singh 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. 285/2020 registered

at Police Station Mania, District Dholpur for the offence under Section(s) 376, 511 of IPC & Section(s) 3, 4 of POCSO Act & Section(s) 3(1)(w),

3(2)(va) of SC/ST Act and later on for the offence under Section(s) 323, 341, 354, 354B, 354D, 376/511 of IPC and Section(s) 7/8, 11(iv)/12, 18 of

POCSO Act.

It is contended by the learned counsel for the petitioner that in the FIR lodged by mother of the prosecutrix after two days' delay, there is no allegation

against him and later on, only to victimize and harass him, allegations have been levelled by the prosecutrix in her statement recorded under Section

164 Cr.P.C. He submits that the petitioner is in custody since 22.09.2020,investigation as against him is complete 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,

the nature allegation against him and his length of custody; 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 Padam Singh Son Of Shri Ochharam 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.