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Judgment
17 paragraphs · 323 wordsIn the wake of second surge in the COVID-19 cases, the Court is functioning virtually and abundant caution is being maintained for the safety of all
concerned.
This Court perused the material available on record.
The petitioner has been arrested in connection with FIR No.110/2020 of Police Station Bidasar, Churu for the offences punishable under Sections 363,
366 & 376 IPC and Section 3/4 of POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has pointed out from the statement rendered by the prosecutrix under Section 164 Cr.P.C., in which, she has
admitted her travelling with the present petitioner at various public places through public transportation, even so much so, from Bidasar to Sujangarh
and from Sujangarh to Nagaur, and thereafter, from Nagaur to Jodhpur. Learned counsel further submits that the prosecutrix also travelled alone in a
Bus to come to the petitioner on 14.08.2020. Learned counsel also submits that the present petitioner is a young boy aged 20 years.
Learned Public Prosecutor opposes the bail application.
Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time
and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section
439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Rakesh Kumar S/o Sh. Hajari Ram shall
be released on bail in connection with FIR No.110/2020 of Police Station Bidasar, Churu provided he executes a personal bond in a 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 appearance before that court on
each and every date of hearing and whenever called upon to do so till the completion of the trial.
