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Judgment
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R.
No.342/2019, Police Station Mandal, District Bhilwara, for the offences under Sections 447, 342 and 376(D) of IPC and Section 3/4 of POCSO Act,
2012.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
It is submitted by learned counsel for the petitioner that the allegations against the present petitioner are similar with Amjad. The police has not filed
charge sheet against Amjad. He further submits that as per the statements of the prosecutrix, the incident has taken place six months ago and the
F.I.R. has been registered after a delay of six months. There is no explanation for the delay of six months in lodging the F.I.R in the present case.
Even as per the statements of the prosecutrix recorded under Sections 161 and 164 Cr.P.C, it appears that the petitioner has been falsely implicated in
this case. The charge sheet in the case has been filed. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner
may be enlarged on bail.
The learned Public Prosecutor opposes the bail application. Having regard to the facts and circumstances of the case and upon a consideration of the
arguments advanced, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
Consequently, the present bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Akram Pathan S/o
Mubarik Khan Pathan arrested in connection with F.I.R. No. 342/2019, Police Station Mandal, District Bhilwara shall be released on bail; provided he
furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) 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.