Vasim Akram @ Balveer @ Ballu vs State of Rajasthan

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

The present bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner, who is in custody in connection

with F.I.R. No.125/2016, Police Station Raipur, District Pali for the

offences under Sections 363, 366A and 120B IPC and Section

16/17 of the POCSO Act.

Learned counsel for the petitioner points out that after the

FIR in the case at hand was lodged and charge-sheet was filed,

the victim Mst.M again escaped from the custody of her natural

guardian. She called the parents of the petitioner and went to

Idgah at Unjah, Gujarat of her own and stayed there for ten days.

In relation to the said disappearance, another FIR no.131/2016

was lodged at P.S. Sojat Road, during investigation whereof, the

victim was examined under Section 164 Cr.P.C. on 15.9.2016. In

the said statement, the victim clearly stated that the petitioner

never subjected to her any forcible sexual assault. He thus urges

that the petitioner deserves to be released on bail.

Per contra, learned P.P. vehemently opposes the submissions

advanced by the petitioner''s counsel. However, he too is not in a

position to controvert the above referred facts collected during

investigation of FIR No.131/2016, P.S. Sojat Road.

Thus, having regard to the entirety of facts and

circumstances as available on record and upon a consideration of

the arguments advanced at the bar but without expressing any

opinion on the merits of the case lest the same prejudice the

prosecution case at the trial, this Court is of the opinion that the

bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application is allowed. It is ordered

that the accused-petitioner, Vasim Akram @ Balveer @ Ballu

arrested in connection with F.I.R. No.125/2016, Police Station

Raipur, District Pali shall be released on bail; provided he furnishes

a personal bond of Rs.50,000/- and two surety bonds of

Rs.25,000/- each to the satisfaction of the learned trial court with

the stipulation to appear before that Court on all dates of hearing

and as and when called upon to do so.