Sunil vs State Of Rajasthan And Others

Farjand Ali, J

The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

S.No.

Particulars of the Case

1.

FIR Number

285/2023

2.

Concerned Police Station

Sadar

3.

District

Dungarpur

4

Offences alleged in the FIR

Under Section 363, 366, 376(2)(N), 376(3), 344 of the IPC and Section 5(L) (ii)(J)/6 of the POCSO Act

5.

Offences added, if any

-

6.

Date of passing of impugned order

03.01.2024

It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against the petitioner and he has been made an accused based on conjectures and surmises. A false case has been lodged against the petitioner. However, now the victim has retracted from her earlier version wherein she had implicated the petitioner. Thus, further incarceration of the petitioner is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner.

Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

Learned counsel appearing for the victim does not object if the petitioner is released on bail.

I have considered the submissions made by both the parties and have perused the material available on record. Though the offences under the POCSO Act, but as the victim has resiled from her stand when examined under Section 164 of the CrPC, further incarceration of the petitioner during trial, which may take long time to conclude, would not be justifiable. In light of these facts and circumstances, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter.

Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner as named in the cause title shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- 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.