Sumit Kumar vs State Of Rajasthan

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 FIR No.258/2022, Police Station Taranagar, Distt. Churu for the offence under Sections 450, 354-D, 376(2)(N) of IPC and Section 5(L)/6, 11/12 of POCSO Act.

Learned counsel for the petitioner submits that the prosecutrix has been examined in the court as PW-1 and there are material contradictions, omissions and improvements in her statement. It is also submitted that the first incident occurred in the year 2020 but no FIR in that regard was lodged by the prosecutrix. She lodged the present FIR after about two years of the incident and this delay has not at all been explained by the prosecutrix. The petitioner is inside the jail since 04.09.2022 and the trial of the case will take sufficient long time. Therefore, the benefit of bail may be granted to the accused-petitioner.

Learned Public Prosecutor and learned counsel for the complainant have vehemently 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 criminal misc. bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Sumit Kumar S/o Mohar Singh shall be enlarged on bail in FIR No.258/2022, Police Station Taranagar, Distt. Churu 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.