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Judgment
7 paragraphs · 322 wordsVijay Bishnoi, J
Heard learned counsel for the parties and perused the material available on record.
The petitioner(s) has/have been arrested in FIR No.17/2021 of Police Station Vallabhnagar, District Udaipur for the offence(s) punishable under Section(s) 363, 366, 376 IPC and Sections 4 and 6 of the POCSO Act. He/she/they has/have preferred this/these second bail application(s) under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is further submitted that the prosecutrix, in her statements under Section 161 Cr.P.C. recorded on 1.2.2021, has clearly stated that she went with the petitioner on her own free will and solmnized marriage with him, however later on, under pressure of her family members, she has levelled allegation of kidnapping and sexual assault against the petitioner in her statements recorded under Sectio 164 Cr.P.C. It is also submitted that on the date of incident, the prosecutrix was around seventeen and half years of age. It is submitted that the petitioner is in judicial custody since long and trial of the case is likely to take time.
Learned Public Prosecutor has opposed the bail application(s).
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 petitioner(s) under Section 439 Cr.P.C.
Accordingly, this/these second bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) - Pappulal S/o Logar shall be released on bail in connection with FIR No.17/2021 of Police Station Vallabhnagar, District Udaipur provided he/she/they execute(s) a personal bond in the 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/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.