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Judgment
8 paragraphs · 353 wordsKuldeep Mathur, J
This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.126/2022 registered at Police Station Rawatbhata, District Chittorgarh, for offences under Sections 363, 366 and 376(2)(N) of the IPC and Sections 3/4 and 5(Th)/6 of the POCSO Act.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Drawing attention of the Court towards the statements of prosecutrix recorded under Sections 161 and 164 Cr.P.C., learned counsel for the petitioner submitted that the prosecutrix who is minor voluntarily eloped with the present petitioner who is aged about 21 years. Learned counsel submitted that the prosecutrix in her statements recorded under Sections 161 and 164 Cr.P.C., has clearly stated that she remained in company of the present petitioner for more than one month out of her own free will and volition.
Learned counsel submitted that in view of the fact that the prosecutrix voluntarily eloped with the present petitioner and has denied any allegation of she being subjected to sexual assault by the present petitioner, the petitioner, who is aged about 21 years, deserves to be enlarged on bail. It is further submitted that challan has been filed and the trial of the case is likely to consume sufficiently long time.
Per contra, learned Public Prosecutor has opposed the bail application.
Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.
Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Shankar Lal S/o Veeram Bheel arrested in connection with F.I.R. No.126/2022 registered at Police Station Rawatbhata, District Chittorgarh, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- 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.