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Judgment
6 paragraphs · 272 wordsManoj Kumar Garg, J
The petitioner has been arrested in connection with F.I.R. No.362/2021 of Police Station Sanchore, District Jalore, for the offence punishable under Section 376(2)(n) of IPC and Sections 3/4, 5(j)(ii)/6 of POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that the prosecutrix in her statement recorded under Sections 161 & 164 Cr.P.C. has clearly mentioned that she went to the house of the petitioner to reside with him, with her own free will and the petitioner has not committed rape with her. Challan has already been presented in this case. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor opposed the bail application.
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Shrawan Kumar S/o Sh. Peetha Ram, shall be released on bail in connection with F.I.R. No.362/2021 of Police Station Sanchore, District Jalore provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of 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.