Sher Singh vs State Of Rajasthan And Others

Manoj Kumar Garg, J

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No.51/2021, Police Station Bhadesar, District Chittorgarh, for the offences punishable under Sections 363, 366, 376(2)(n), 376(3) IPC and Sections 3/4, 5(L)/6 POCSO Act.

Learned counsel for the petitioner submits that according to the statement of the prosecutrix under Section 161 & 164 Cr.P.C., she herself admitted that she roamed with the petitioner at many places and also solemnized marriage with the petitioner. Prosecutrix further submitted that she got pregnant out of her wedlock with the petitioner. If anything happened, it was with the consent of the prosecutrix. Challan of the case has already been presented and no investigation is pending. The petitioner is in judicial custody and the trial of the case will take sufficient long time. Therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the bail application.

I have considered the arguments advanced before me and gone through the material available on record.

Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Sher Singh S/o Raghuvar Dayal Jat shall be enlarged on bail in F.I.R. No.51/2021, Police Station Bhadesar, District Chittorgarh provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.