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2021 DIGILAW 1982 (RAJ)

Fakruddin v. State of Rajasthan

2021-10-20

DEVENDRA KACHHAWAHA

body2021
JUDGMENT Devendra Kachhawaha, J. - The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.86/2021, Police Station Kotwali, District Sirohi, registered for the offence punishable under Sections 363 & 366A of the Indian Penal Code, Section 16/17 of POCSO Act and Section 3(2)(v) of SC/ST (Preventio of Atrocities) Act. 2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 3. Learned counsel for the petitioner stated that allegation of rape has been levelled against the main accused Rahul; petitioner has left the prosecutrix at her behest on a motor-cycle; charge-sheet has been filed; petitioner is behind the bars since 22.04.2021; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner. 4. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that accused-petitioner has active participation in the incident and he himself has left the prosecutrix on a motor-cycle. 5. In reply, learned counsel for the petitioner stated that the motor-cycle belongs to the main-accused Rahul and recovery of motor-cycle has been made from him only. 6. Having regard to the facts and circumstances of the case, particularly looking to the facts that allegation of rape has been levelled against the main-accused Rahul; charge-sheet has been filed; petitioner is behind the bars since 22.04.2021; further investigation and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. 7. Consequently, the bail application is allowed. It is ordered that the petitioner - Fakruddin S/o Navabuddin, arrested in connection with F.I.R. No.86/2021, Police Station Kotwali, 8. District Sirohi, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/-with two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.