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Judgment
6 paragraphs · 377 wordsHeard learned counsel for the parties and also perused the material available on record.
The petitioner(s) has/have been arrested in FIR No.214/2018 of Police Station Sajjangarh, Banswara for the offence(s) punishable under Section(s) 363, 366(ka), 344, 376(2)(dha) IPC and Section 5(tha)/6 of the POCSO Act. He/she/they has/have preferred this/these bail application(s) under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that father of the prosecutrix has lodged an FIR at Police Station Sajangarh on 14.11.2018 with the allegation that the petitioner and his father had forcibly abducted his minor daughter on 27.10.2018. It is submitted that minor daughter of the complainant was recovered on 17.12.2018 and she in her statement recorded under Section 161 Cr.P.C. has specifically stated that she went with the peitioner on her own free will because her parents had tried to marry her and they were against her further studies. It is further submitted that later on, in the statement recorded under Section 164 Cr.P.C. before the Magistrate, she has alleged that the petitioner had sexually assaulted her, but the said allegation has been levelled against the petitioner under pressure of her family members. It is submitted that as per the school record, the date of birth of the prosecutrix is 4.12.2002 and, as such, she was about 16 years of age on the day of incident. It is submitted that charge-sheet has been filed 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 bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) - Praveen S/o Gajheng shall be released on bail in connection with FIR No.214/2018 of Police Station Sajjangarh, Banswara 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.