SARUP KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has been arrested in connection with FIR No. 12/2022 of Police Station Matoda, District Jodhpur for the offence punishable under Ss. 363, 354-B, 354 of IPC and Sec. 7/8 POCSO Act and Ss. 3(1)(B)(i), 3(2)(Va) of SC/ST (Prevention of Atrocity) Act. He has preferred this second bail application under Sec. 439 Cr.P.C. The first bail was dismissed by this Court vide order dtd. 11/5/2022 as not pressed with liberty to file afresh after recording the statement of prosecutrix.

(2.) Learned counsel for the petitioner submits that as per the statement recorded by the prosecutrix(PW-1) before the Court, she declared hostile. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

(3.) Learned Public Prosecutor has opposed the bail application. 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 Sec. 439 Cr.P.C.