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Judgment
13 paragraphs · 232 wordsThe appellant has preferred this appeal aggrieved by order dated 26.02.2018 passed by Special Judge, POCSO Act Cases, Jaipur, whereby bail
application filed by the appellant under Section 439 Cr.P.C. was rejected.
F.I.R. No.32/2016 was registered at Police Station Karnivihar, District Jaipur West for offence under Sections 363, 366-A, 368, 376 and 120B IPC,
under Section 3 and 4 of the Protection of Children From Sexual Offences Act and under Section 3(1)(12) of the SC/ST (Prevention of Atrocities)
Act.
It is contended by the Counsel for the appellant that after rejection of the first bail application on 06.09.2016, statement of the prosecutrix has been
recorded. She has been declared hostile by the prosecution.
Learned Public Prosecutor has opposed the appeal.
Considering the contentions put-forth by the Counsel for the appellant, I deem it proper to allow the appeal.
The order dated 26.02.2018 is set aside and the appeal is allowed and the appellant is directed to be released on bail provided he furnishes a
personal bond of Rs. 50,000/- (Rupees Fifty thousand only) and two sureties in the sum of Rs.25,000/- (Rupees Twenty Five thousand only) each to
the satisfaction of the learned trial court with the stipulation to appear before that Court and any court to which the matter is transferred, on all dates
of hearing and as and when called upon to do so.