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Judgment
7 paragraphs · 325 wordsTaking into consideration the rise in COVID-19 cases, specifically at Jodhpur and Jaipur, the functioning of Rajasthan High Court, Jodhpur from 14.09.2020 to 01.10.2020 shall be only through video conferencing.
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.181/2020, Police Station Pindwara, District Sirohi, registered for the offences under Sections 363, 366, 376, 376(2)(N) of IPC and Section 3/4 of POCSO Act, 2012.
Heard learned counsel for the petitioner through video call and learned Public Prosecutor, present in person. Perused the material available on record.
Learned counsel for the petitioner stated that as per the statements of prosecutrix recorded under Sections 161 and 164 of Cr.P.C., no case is made out against the petitioner. He further stated that in fact, parents of prosecutrix tried to marry prosecutrix forcefully with another person and that is why, prosecutrix twice left her home; petitioner has been falsely implicated in this case, therefore, benefit of bail may be granted to the petitioner.
Per contra, learned Public Prosecutor stated that prosecutrix is 16 years old girl child.
Having regard to the facts and circumstances of the case, particularly the statements of prosecutrix recorded under Sections 161 and 164 of Cr.P.C., without expressing any opinion on the 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-Sawaram S/o Mansharam, arrested in connection with F.I.R. No.181/2020, Police Station Pindwara, District Sirohi, shall be released on bail 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 the 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.