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Rajasthan High Court · body

2019 DIGILAW 2427 (RAJ)

Rakesh Kumar v. State of Rajasthan

2019-09-11

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 FIR No.213/2018 of Police Station Hindumalkot, District Sriganganagar for the offences punishable under Sections 363, 366, 366-A, 376 and Section 3/4 of POCSO Act. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that allegations against the petitioner are to the effect that he abducted and sexually assaulted minor daughter of the complainant. It is argued that during the course of investigation, the police have recorded statements of the prosecutrix under Section 161 Cr.P.C., wherein she has specifically stated that she went with the petitioner as per her own free will, however later on, the prosecutrix in her statements recorded under Section 164 Cr.P.C. has alleged that petitioner abducted and sexually assaulted her. It is submitted that now statements of the prosecutrix have been recorded before the trial court as PW-1, wherein she has completely changed her version and submitted that she had been sexually assaulted by the petitioner in her house only and later on, he abducted her, however, she has also admitted that allegation of sexual assault against the petitioner has been levelled by her in the statements recorded under Section 164 Cr.P.C. due to fear of her parents. She has also admitted that some dispute in relation to a land is going on between her father and father of the petitioner. It is submitted that from the above piece of evidence, it can be gathered that petitioner has falsely been implicated in this case on account of dispute going on between petitioner's father and father of the prosecutrix. 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. 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 Rakesh Kumar S/o Shri Bhanwar Lal shall be released on bail in connection with FIR No.213/2018 of Police Station Hindumalkot, District Sriganganagar 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.