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2019 DIGILAW 2410 (RAJ)

Pooranmal v. State of Rajasthan

2019-09-09

VIJAY BISHNOI

body2019
JUDGMENT Vijay Bishnoi, J. - 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 connection with FIR No.35/2019 of P.S. Vijaypur, District Chittorgarh for the offences punishable under Sections 363, 366, 376 I.P.C. and Section 3/4, 17 POCSO Act, 2012. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that allegations of kidnapping and sexual assault levelled against the petitioner are false. It is submitted that the prosecutrix in her statements recorded under Sections 161 and 164 Cr.P.C. has specifically stated that she went with the petitioner as per her own free will and stayed with him at various places for several days. Learned counsel for the petitioner has submitted that chargesheet has been filed and 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 Sec.439 Cr.P.C. is allowed and it is directed that petitioner Pooranmal S/o Prabhulal shall be released on bail in connection with FIR No.35/2019 of P.S. Vijaypur, 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.