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Judgment
7 paragraphs · 347 wordsKuldeep Mathur, J
The application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.260/2022, registered at Gangrar Police Station, District Chittorgarh for offences punishable under Sections 376, 376[2][f] [n] IPC and under Section 5/6 of the POCSO Act.
Heard learned counsel for the petitioner so also the learned Public Prosecutor as well as learned counsel for the complainant and perused the material available on record.
Learned counsel for the petitioner drew the Court’s attention towards the statement of prosecutrix recorded before the competent criminal court on 12.04.2023 who has not supported the prosecution story and was declared hostile. Learned counsel further submits that in view of the aforesaid and looking into the fact that the probability of the petitioner getting convicted in this case is bleak, therefore, the benefit of bail may be extended to the accused petitioner. The petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused petitioner.
On the contrary, learned Public Prosecutor as well as learned counsel for the complainant vehemently opposed the bail application of the accused-petitioner.
Having considered the rival submissions, facts and circumstances of the case and also the statement of prosecutrix recorded before the competent criminal court on 12.04.2023, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
Consequently, the bail application is allowed. It is ordered that the accused-petitioner- Ratandas S/o Pratapdas Vaishnav arrested in connection with FIR No.260/2022, registered at Gangrar Police Station, District Chittorgarh shall be enlarged on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so, till completion of the trial.