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2024 DIGILAW 404 (RAJ)

Sunil v. State of Rajasthan

2024-03-05

ANOOP KUMAR DHAND

body2024
JUDGMENT : Anoop Kumar Dhand, J. This bail application under Section 439 Cr.P.C. has been filed by the petitioner in connection with FIR No. 105/2023, registered at Police Station Malsisar, District Jhunjhunu wherein he is charged for offences punishable under Sections 363, 366, 376(3), 376(3)(N) of IPC and Sections 5/6, 16/17 of the Protection of Children from Sexual Offences Act, 2012. 2. Learned Counsel for the petitioner submits that no allegations of rape has been levelled against the petitioner by the prosecutrix in her statements recorded under Section 164 Cr.P.C. Counsel submits that the prosecutrix has levelled specific allegation of rape against the co-accused Ganesh, Counsel submits that after investigation charge-sheet has been filed. Counsel submits that the petitioner is in custody since the date of his arrest and trial will take its own time to conclude, therefore indulgence of bail be granted to the petitioner. 3. Per Contra, learned Public Prosecutor opposed the bail application. 4. Considering the arguments put forward by the learned Counsel for the petitioner and looking to the fact that no allegation of rape has been levelled by the prosecutrix against the petitioner in her statements recorded under Section 164 Cr.P.C. and looking to the fact that allegation of committing rape has been levelled against the co-accused Ganesh and looking to the fact that after investigation charge-sheet has been filed and trial will take its own time to conclude and without expressing any opinion on merits and demerits of the case, I deem it just and appropriate to grant indulgence of bail to the petitioner under Section 439 Cr.P.C. 5. Accordingly, this bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner Sunil S/o Late Shree Bablu Valmiki arrested in connection with aforementioned FIR, may be released on bail; provided he furnishes a personal bond of Rs. 50,000/- with two surety bonds of Rs. 25,000/- each to the satisfaction of learned Trial Court with the stipulation to appeal before that Court on all dated of hearing and as and when called upon to do so.