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Judgment
8 paragraphs · 262 wordsManoj Kumar Garg, J
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.94/2021, Police Station Rajaldesar, Distt. Churu for the offence under Sections 363, 376(3) IPC and Section 3/4 of POCSO Act.
Learned counsel for the petitioner submits that according to the statement of the prosecutrix recorded under Section 161 as well as 164 Cr.P.C., she has not made any allegation of rape against the present petitioner. Now, challan of the case has already been presented. No investigation is pending against the petitioner. 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 gone through the material available on record.
Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Rakesh Kumar S/o Bhura Ram shall be enlarged on bail in FIR No.94/2021, Police Station Rajaldesar, Distt. Churu provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.