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Judgment
The instant bail application under Section 439 CrPC has been preferred by the petitioner Abdul Asif S/o Moinuddin Hussain, who is in custody in connection with the F.I.R. No.113/2020 registered at the Police Station Parsoli, District Chittorgarh for the offences under Sections 376, 384, 450, 506
IPC and Section 3/4 of the POCSO Act.
Heard learned counsel for the parties and perused the material available on record.
The prosecutrix Mst. 'D', whose date of birth is 28.11.1998, lodged a typed report before the Superintendent of Police, Chittorgarh on 24.08.2020
alleging inter alia that the petitioner sexually assaulted her about six years ago and was thereafter continuously subjecting her to sexual assault on the pretext of making her indecent photographs and videos viral. It was further alleged that the victim was engaged twice, but the petitioner would give false informations and get the relationships called off. Even in the statements under Sections 161 and 164 CrPC, the victim has alleged that the first incident of sexual assault by the petitioner took place about six years ago, i.e. in the year 2015. However, there is no rhyme or reason on the record of the case to satisfy the court as to why the victim did not complain of these incidents to her parents and as to why the matter was not reported to the
police. No indecent photographs/videos have been recovered during investigation. The petitioner has been arrested in this case and is in judicial
custody.
In this background and having regard to the entirety of the facts and circumstances of the case, I am inclined to grant indulgence of bail to the
petitioner.
Accordingly, the instant bail application under Section 439 CrPC is allowed. It is ordered that the accused-petitioner Abdul Asif S/o Moinuddin
Hussain arrested in connection with F.I.R. No.113/2020 registered at the Police Station Parsoli, District Chittorgarh shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.