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2019 DIGILAW 2941 (RAJ)

Amit @ Sonu v. State, Through P P

2019-12-09

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 FIR No.264/2019 of Police Station Sardarsahar District Churu for the offences punishable under Sections 363, 366, 376(2) (N) IPC and 5/6 POCSO Act. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that the prosecutrix was in relationship with the petitioner from quite sometime; and she eloped with him on 25.05.2019 from Sardarshahar and both of them reached Jodhpur. It is submitted that on 28.05.2019, the petitioner and the prosecutrix went to Mandore Police Station, Jodhpur and the police informed the Police Station, Sardarsahar which brought them to Sardarshahar and at that time, statements of the prosecutrix were recorded by the police on 29.05.2019 under Section 161 CrPC, wherein she specifically stated that she went with the petitioner as per her own free will with the intention to marry him. 4. It is submitted that thereafter, statements of the prosecutrix were recorded before the Magistrate concerned under Section 164 CrPC on 19.06.2019, wherein she alleged that petitioner had abducted and sexually assaulted her in Jodhpur. Similar statements were also recorded by the prosecutrix in her supplementary statements taken by the police under Section 161 CrPC on 25.07.2019. It is submitted that age of the prosecutrix was around seventeen years and eight months on the day of the alleged incident and she eloped with the petitioner as per her own free will, however, later on, she has levelled allegation of sexual assault against the petitioner under pressure of her family members. It is submitted that charges have already been framed against the petitioner and trial of the case will take time, therefore, he is entitled to be enlarged on bail. 5. Learned Public Prosecutor has opposed the bail application. 6. It is submitted that charges have already been framed against the petitioner and trial of the case will take time, therefore, he is entitled to be enlarged on bail. 5. Learned Public Prosecutor has opposed the bail application. 6. Having regard to the totality of the facts and circumstances of the case and after taking into consideration the fact that immediately after recovery of the prosecutrix by the police on 29.05.2019, she had specifically stated in her statements given to the police that she went with the petitioner as per her own free will with the intention to marry him and her statements under Section 164 CrPC were recorded after around twenty days of her recovery, 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. 7. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Amit @ Sonu S/ o Sh. Gopal, shall be released on bail in connection with FIR No.264/2019 of Police Station Sardarsahar District Churu 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.