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Judgment
15 paragraphs · 332 wordsThe present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 242/2020 registered
at Police Station Singhana, District Jhunjhunu for the offence under Section(s) 363, 366-A, 376AB of IPC and Section 3/4 of POCSO Act and later on
for the offence under Section 354 of IPC and Section 7/8 of POCSO Act.
It is contended by the learned counsel for the petitioner that he has falsely been implicated in this case wherein FIR has been lodged with inordinate
delay of five days. He submitted that even the investigating agency did not find the allegation of commission of rape by him to be true and has after
thorough investigation, filed charge sheet under Section 354 IPC and Section 7/8 of POCSO Act. The maximum punishment awardable in case of his
conviction is five years. He submitted that the petitioner is in custody since 25.09.2020, charge sheet has been filed, trial of the case will take time, he
has no criminal antecedents and prayed 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 allegation against him, his length of custody, filing of charge sheet and absence of criminal antecedents; 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 Rajendra Singh @ Raju Son Of Hanuman Singh 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.