Parmeshwar Nayak 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. 70/2020 registered

at Police Station Fagi, District Jaipur for the offence under Section(s) 363 of IPC and later on for the offence under Section(s) 363, 366A and 376 of

IPC and Section(s) 3/4 of the POCSO Act.

Drawing attention of this Court towards the affidavit of the prosecutrix dated 26.08.2019, learned counsel for the petitioner contended that she, a

married girl of 20 years age, was residing with the petitioner in 'live-in-relationship'. He contended that even as per the statement of the prosecutrix

recorded under Section 164 CrPC, it is apparent that after residing with the petitioner for a considerable period of time as his wife, she is leveling false

allegations only to harass and victimize him. Learned counsel for the petitioner submitted that the petitioner is in custody since 17.04.2020, charge-

sheet has been filed, trial of the case will take time, he has no criminal antecedents 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 of allegations against him, his length of custody, filing of charge-sheet, absence of criminal antecedents and the material available in the

charge-sheet; 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 Parmeshwar Nayak S/o Shri Nand Ram Nayak 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.