ASHOK BHAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present second bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.62/2023 registered at Police Station Sarwana, District Jalore for the offences punishable under Ss. 363, 366, 366A/34 of the Indian Penal Code and Sec. 3/4, 5(L)/6 of POCSO Act and Sec. 84 of Juvenile Justice Act. The first bail application was dismissed by this Court vide order dtd. 16/2/2024 with liberty to file afresh after recording of the statement of the victim. Learned counsel for the petitioner submits that now victim has been examined as PW.2 before the trial Court and she admits that she roamed with the petitioner at so many places. During this period she did not raise any hue and cry and if anything happened, that was with the consent of the victim. The petitioner is in judicial custody since 30/6/2023 and the trial of the case will take sufficiently long time. With these submissions, it is prayed that the benefit of bail may be granted to the accused-petitioner.

(2.) Learned Public Prosecutor and learned counsel for the complainant have opposed the prayer of bail. I have considered the arguments advanced before me and gone through the material available on record. 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.

(3.) Accordingly, the second bail application filed under Sec. 439 Cr.P.C. is allowed and it is directed that petitioner - Ashok Bhai S/o Kesa Ji shall be released on bail in connection with F.I.R. No.62/2023 registered at Police Station Sarwana, District Jalore provided he executes a personal bond in a sum of Rs.1,00,000.00with two sureties of Rs.50,000.00 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.