AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
16 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.51/2020 registered
at Police Station Mahila Thana Bhiwadi, District Alwar (Rajasthan) for the offence under Section(s) 363 & 366-A of I.P.C. and later on for the
offence under Section(s) 363, 366-A & 376 of I.P.C. and 3/4 of POCSO Act.
It is contended by learned counsel for the petitioner that the petitioner has married with the prosecutrix, she being major. He submitted that they have
filed a joint criminal writ petition No.3118/2020 in the High Court of Punjab and Haryana wherein the Hon'ble Court was pleased vide order dated
21.05.2020, to direct the authorities to afford them necessary protection after considering their representation. He submitted that the prosecutrix has
levelled no allegation against him in her statement recorded under Section 164 Cr.P.C. He submitted that the petitioner is in custody since 19.09.2020,
investigation as against the petitioner is complete, he has no criminal antecedents and prays for release of the petitioner 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 the petitioner, his length of custody, absence of criminal antecedents and especially the statement of the prosecutrix
recorded under Section 164 Cr.P.C.; 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 Ravi Son of Itwari 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.
