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2022 DIGILAW 678 (RAJ)

Balusingh v. State Of Rajasthan

2022-02-25

RAMESHWAR VYAS

body2022
JUDGMENT Rameshwar Vyas, J. - The instant bail application has been filed under Section 439 Cr.P.C. by the petitioner for grant of regular bail in connection with FIR No. 226/2021 registered at Police Station Kelwara, District Rajsamand for offences punishable under Sections 363, 366-a of Indian Penal Code and Section 16/17 of Protection of Children from Sexual Offences act, 2012. 2. None appeared on behalf of the complainant despite service of notice. 3. Heard learned counsel for the parties and perused the material available on record. 4. Learned counsel for the petitioner submits that there is no allegation of rape levelled against the petitioner. Main allegation is against the co-accused Kalu Singh. Only evidence against the petitioner is that he facilitated main accused to take the prosecutrix from the spot. There is no criminal antecedents against the petitioner. On the above grounds, learned counsel for the petitioner prays to allow the bail application. 5. Learned Public Prosecutor has opposed the bail application. 6. From the perusal of the record, it reveals that the allegation of rape has not been levelled against the petitioner. Present petitioner is accused of abetment the main offence. There is no criminal antecedents against the petitioner. 7. Having regard to the submissions made by the learned counsel for the parties and material available on record, in the facts and circumstances of the case, without expressing any opinion on merits of the case, this Court deems it just and proper to enlarge the accused-petitioner on bail under Section 439 Cr.P.C. 8. accordingly, this bail application under Section 439 Cr.P.C. is allowed. It is ordered that the petitioner Balusingh S/o amarsingh, who is in custody in connection with FIR No. 226/2021 registered at Police Station Kelwara, Rajsamand, shall be released on bail provided he shall execute personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with two sound & solvent sureties of Rs.50,000/- each, to the satisfaction of learned trial court for his appearance before that court on each & every date of hearing and whenever called upon to do so.