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Judgment
7 paragraphs · 276 wordsManoj Kumar Garg, J
The petitioner has been arrested in connection with FIR No.557/2021 of Police Station Kotwali Chittorgarh, District Chittorgarh for the offence punishable under Sections 376(d), 376(2)(n) & 120-B of IPC and Section 3/4, 5/6, 16/17 of POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.
Counsel for the petitioner submits that prosecutrix has been examined before the Court as PW-1 and according to her statement, prosecutrix has levelled allegation of rape against the co-accused Ameen and not against the present petitioner. Furthermore, similarly situated co-accused Subhash has been enlarged on bail by this Court and the case of present petitioner is similar. 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.
I have considered the arguments advanced before me and perused the material on record.
Having regard to facts and circumstances 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 Raghav S/o Kamlesh Meena, shall be released on bail in connection with FIR No.557/2021 of Police Station Kotwali Chittorgarh, District Chittorgarh 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.