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2019 DIGILAW 3016 (RAJ)

Amar Sohal @ Amir Sohal v. State of Rajasthan

2019-12-16

VIJAY BISHNOI

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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.47/2019 of Police Station Kotwali Nimbaheda, District Chittorgarh for the offences punishable under Sections 450 and 376 IPC and Section 3/4 of POCSO Act. He has preferred this second bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that though in the FIR, the complainant has alleged that the petitioner sexually assaulted his minor daughter on 02.01.2019 and the minor daughter of the complainant also gave such statements during the course of investigation but now her and her mother's statements have been recorded before the trial court as PW-1 and PW-2 respectively and both of them have not supported the prosecution story and turned hostile. Learned counsel for the petitioner has submitted that the minor daughter of the complainant, in her statements, has simply said that when she was sleeping in her house, the petitioner came there and touched her, however, she has not levelled the allegation of sexual assault against the petitioner. 4. Learned Public Prosecutor has opposed the bail application. 5. Having regard to the totality of the facts and circumstances of the case and after perusing the statements of minor daughter of the complainant and her mother, recorded before the trial court, wherein they have not supported the prosecution story and turned hostile, 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 second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Amar Sohal @ Amir Sohal S/o Sarfraz @ Babu Musalman shall be released on bail in connection with FIR No.47/2019 of Police Station Kotwali Nimbaheda, 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.