Parmesh vs State And Others

Manoj Kumar Garg, J

The petitioner has been arrested in connection with FIR No.41/2021 of Police Station Khamera, Distt. Banswara for the offence punishable under Sections 363, 366, 376(2)(i), 376(3) of IPC and Section 5L/6 of POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.

Counsel for the petitioner submits that as per the statement of prosecturix recorded under Section 164 Cr.P.C., she went with the petitioner at her own free will and if anything happened, it was with the consent of the prosecutrix. Counsel further submits that prosecutrix admitted in her statement that she soleminzed marriage with the petitioner. Challan of the case has already been presented and no investigation is pending. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

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, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Parmesh S/o Pawan, shall be released on bail in connection with FIR No.41/2021 of Police Station Khamera, Distt. Banswara provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- 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.