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Judgment
20 paragraphs · 345 wordsSANJEEV SACHDEVA, J
The petitioner seeks regular bail in FIR No.29/2018 initially registered under Sections 323/354/354(D)/506/34 IPC and Section 12 POCSO Act,
Police Station Khyala. Subsequently, charge sheet has been filed and charges have been framed under Sections 354/354(D)/323/506/34 IPC and
Sections 10 & 12 POCSO Act.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated. He submits that there is substantial improvement in the
complaint, based on which FIR was registered and the statement under Section 164 Cr.P.C. He further submits that there is unexplained delay in
lodging a complaint.
Learned counsel further submits that there is a settlement between the parties and even the trial court has, in the impugned order dated 25.08.2018,
noted that the complainant has not objected to grant of bail to the petitioner. He submits that the petitioner is a young boy of 25 years of age.
Learned counsel appearing for the prosecutrix submits that though there is no settlement on the merits of the matter, however, keeping in view the
age of the petitioner and his subsequent conduct and the assurance given by his family, prosecutrix does not object to the grant of bail to the petitioner.
Status report has been filed.
The petitioner has been in custody since 02.05.2018.
On perusal of the status report as well as the record and in view of the submissions made by the learned counsel for the prosecutrix, I am satisfied
that the petitioner has made out a case for grant of regular bail. Accordingly, on petitioner furnishing a bail bond in the sum of Rs.25,000/- with one
surety of the like amount to the satisfaction of the trial court, the petitioner shall be released on bail, if not required in any other case. The petitioner
shall not do anything, which may prejudice either the investigation or the prosecution witnesses. Petitioner shall not contact the prosecutrix or her
family.
The bail application is disposed of in the above terms.
Order dasti under the signatures of the Court Master.