UMMED MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.20/2024, registered at Police Station Kheroda, District Udaipur, for the offences under Ss. 366 and 376 of IPC and Ss. 4 and 6 of POCSO Act. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submitted that the petitioner has been arrested by the police personnels for the offences under Ss. 366 & 376 of IPC and Ss. 4 & 6 of POCSO Act. Learned counsel for the petitioner submitted that the petitioner has played no role in commission of the alleged offences. Learned counsel for the petitioner further submitted that as a matter of fact, Victim-"R' who is aged about 17 years had voluntarily left her house on 12/1/2024. However, owing to some prior animosity between the parties, the petitioner has been roped in a false criminal case.

(2.) Lastly, learned counsel for the petitioner submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner. Per contra, learned Public Prosecutor has vehemently opposed the bail application. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. This Court vide order dtd. 20/4/2024, directed the learned Public Prosecutor to call for the case diary from the Investigating Officer. In compliance of this Court order dtd. 20/4/2024, the case diary has been produced before this Court.

(3.) Having considered the rival submissions, facts and circumstances of the case and after perusing the case diary and the statements of Victim- 'R', this Court prima facie finds that Victim- 'R' in her initial statements recorded under Ss. 161 and 164 of Cr.P.C. has not levelled any specific allegation of forcible sexual assault-rape or she being abducted against the present petitioner. This Court also prima facie finds that Victim- 'R' in her statements, has submitted that on 12/1/2024, she had voluntarily left her house and went to her matrimonial uncle's house. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the accused-petitioner on bail. Consequently, the bail application under Sec. 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Ummed Meena S/o Logar Singh Meena, arrested in connection with F.I.R. No.20/2024, registered at Police Station Kheroda, District Udaipur, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000.00 and two sureties of Rs.25,000.00 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.