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2019 DIGILAW 1163 (RAJ)

Radheyshyam v. State of Rajasthan

2019-04-16

VIJAY BISHNOI

body2019
JUDGMENT 1. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record. 2. The petitioner has been arrested in FIR No. 10/2019 of Police Station Rasmi, District Chittorgarh for the offences punishable under Sections 363, 366-A and 376 IPC and Section 16/17 of Protection of Children from Sexual Offences Act, 2012. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that initially the prosecutrix had alleged that the petitioner sexually assaulted her on 26.01.2019, however, later on, in her statements recorded under Section 164 Cr.P.C. on 30.01.2019 and in her supplementary statements recorded under Section 161 Cr.P.C. on 20.03.2019, has specifically stated that the petitioner did nothing wrong with her. Learned counsel for the petitioner has submitted that as per the prosecution story, the age of the prosecutrix was 17 years on the day of incident. Learned counsel for the petitioner has submitted that as a matter of fact the prosecutrix went with the petitioner as per her own free will and stayed at Telangana for quite some days. It is also submitted that the charge-sheet has been filed and the trial of the case will take time. 4. Learned Public Prosecutor has opposed the bail application. 5. 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. 6. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Radheyshyam S/o Goverdhan shall be released on bail in connection with FIR No. 10/2019 of Police Station Rasmi, District Chittorgarh 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.