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Judgment
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
The present bail application has been filed under Section 439
Cr.P.C. on behalf of the petitioner, who is in custody in relation to
F.I.R. No.143/2016, Police Station Paldi M., District Sirohi for the
offences under Sections 363, 366 and 376(2)(n) and Sections 3/4,
5(L)/6 of the POCSO Act.
Victim Mst.M upon being examined under Section 164 Cr.P.C.
disclosed her age to be 18 years 11 months. She stated that she
was in love with the present petitioner. She accompanied him of
her own freewill and contracted marriage voluntarily. She
expressed desire to live with the petitioner. She further stated that
the petitioner did not subject her to sexual assault against her
wishes and the relations, if any, established were totally
consensual.
In this background and having regard to the entirety of facts
and circumstances as available on record and upon a consideration
of the arguments advanced at the Bar, this Court is of the opinion
that the petitioner deserves to be released on bail.
Consequently, the bail application is allowed. It is ordered
that the accused-petitioner namely Ajay Singh arrested in
connection with F.I.R. No.143/2016, Police Station Paldi M.,
District Sirohi 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.