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2017 DIGILAW 1530 (RAJ)

Rakesh S/o Sh. Chananmal v. State of Rajasthan

2017-07-11

SANDEEP MEHTA

body2017
ORDER : Sandeep Mehta, J. The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in relation to F.I.R. No. 95/2015, Police Station Rajgarh, District Churu, for the offences under Sections 306, 363, 366-A, 376 D and 120-B IPC and Section 3 (1), 3 (2), 3 (5) of the SC/CT Act and Section 17 of the POCSO Act. 2. Heard learned counsel for the petitioner as well as learned Public Prosecutor for the State and perused the material available. 3. After rejection of the first bail application submitted on behalf of petitioners vide order dated 14.10.2015, the material prosecution witnesses being PW-1 Deepa Ram, PW2 Panna Lal, PW-3 Rohitash and PW-4 Bhanwari, mother of the deceased have been examined by the Trial Court. They did not support the prosecution story and were declared hostile. The FSL report regarding alleged semen stains on the clothes of the victim and the accused has been received in negative. 4. In view of above and having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the Bar, this Court is of the opinion that the petitioner deserves to be enlarged on bail. 5. Consequently, the second bail application is allowed. It is ordered that the accused-petitioner namely Rakesh S/o Chananmal arrested in connection with F.I.R. No. 95/2015, Police Station Rajgarh, District Churu 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.