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2021 DIGILAW 2313 (RAJ)

Rahul v. State

2021-12-13

VIJAY BISHNOI

body2021
JUDGMENT Vijay Bishnoi, J. - Heard learned counsel for the parties and also perused the material on record. 2. The petitioner has been arrested in FIR No.57/2021 of Police Station Bhadra, District Hanumangarh for the offences punishable under Sections 363, 366, 376(3) 376(2)(n) I.P.C. and Section 5(L)/6 of the POCSO Act. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is argued that as a matter of fact, the prosecutrix was in contact with the petitioner and she went with him as per her own free will. It is also argued that soon after recovery of the prosecutrix, her statements were recorded under Section 161 Cr.P.C. wherein she has not levelled allegation of sexual assault against the petitioner, but later on, under pressure of her family members she, in her statements recorded under Section 164 Cr.P.C., has levelled false allegation of sexual assault against the petitioner. It is also submitted that charge sheet has been filed and trial of the case will take time. 4. Learned Public Prosecutor as well as the learned counsel for the complainant have 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 Rahul S/o Pradeep shall be released on bail in connection with FIR No.57/2021 of Police Station Bhadra, District Hanumangarh 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.