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Judgment
16 paragraphs · 338 wordsHeard learned counsel for the parties and perused the material available on record.
The petitioner(s) has/have been arrested in FIR No.40/2021 of Police Station Kelwa, Distt. Rajsamand for the offence(s) punishable under Section(s)
452, 354, 376 IPC and Section 7/8 of the POCSO Act. He/she/they has/have preferred this/these second bail application(s) under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is argued that the petitioner was in
relation with the niece of the complainant, who was minor and when the petitioner went to her house to meet her, the complainant and other relatives
saw him and tried to caught hold of him and due to panic, the petitioner locked himself in a room, and thereafter the police arrested him. It is further
submitted that though the complainant in the FIR as well as the police statements has not levelled allegation of rape against the petitioner, however
later on, in her statements recorded under Section 164 Cr.P.C., she has levelled false allegations against the petitioner. It is submitted that charge-
sheet has been filed and trial of the case is likely to take time.
Learned Public Prosecutor has opposed the bail application(s).
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and
proper to grant bail to the petitioner(s) under Section 439 Cr.P.C.
Accordingly, this/these second bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) - Ramesh Singh S/o
Sh. Gehar Singh Rajput shall be released on bail in connection with FIR No.40/2021 of Police Station Kelwa, Distt. Rajsamand provided he/she/they
execute(s) a personal bond in the 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/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
