Suresh Kumar vs State Of Rajasthan

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner has been arrested in connection with FIR No.90/2019 of P.S. Kuchaman City, District Nagaur for the offences punishable under Sections 363, 366-A, 376(D) I.P.C. and Section 5(G)/6 POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that allegations of abduction and sexual assault levelled by prosecutrix against the petitioner are false. It is argued that the prosecutrix is more than 17 years of age; she eloped with the petitioner at her own free will and lived with him for about two days, however, later on, she under pressure of her family members, filed this false FIR against the petitioner. Learned counsel for the petitioner has submitted that charge-sheet has been filed and trial of the case will take time.

Learned Public Prosecutor has 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, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Suresh Kumar S/o Shri Mohan Lal shall be released on bail in connection with FIR No.90/2019 of P.S. Kuchaman City, District Nagaur provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- 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.