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2023 DIGILAW 272 (RAJ)

Rahul v. State of Rajasthan

2023-01-24

KULDEEP MATHUR

body2023
JUDGMENT Kuldeep Mathur, J. - The application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.239/2022, registered at Police Station Kankroli, District Rajsamand for offences punishable under Sections 363, 366 IPC and 11/12 of the Protection of Children From Sexual Offences Act, 2012. 2. Heard learned counsel for the petitioner so also the learned Public Prosecutor and perused the material available on record. 3. Learned counsel for the petitioner submitted that from the perusal of the statement of the prosecutrix recorded under Section 164 Cr.P.C. it is clear that no allegation of sexual assault has been levelled against the petitioner. The petitioner is in judicial custody and the trial of the case will take sufficiently long time to conclude, therefore, the benefit of bail may be granted to the accused petitioner. 4. On the contrary, learned Public Prosecutor has opposed the bail application of the accused-petitioner. 5. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. 6. Consequently, the bail application is allowed. It is ordered that the accused-petitioner Rahul S/o Dulichand arrested in connection with FIR No.239/2022, registered at Police Station Kankroli, District Rajsamand shall be enlarged on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) 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, till completion of the trial.