Amrik Singh vs State Of Rajasthan

Accused-petitioner, facing trial for offence punishable under Section 354A(1)(i) IPC and 7/8 of the POCSO Act in Case No.103/17 pending before Special Court, POCSO Act Cases (Sessions Judge), Sriganganagar, has laid this third bail application under Section 439 Cr.P.C.

The aforesaid case is founded on FIR No.86/17, registered at Police Station Hindumalkot, District Sriganganagar.

The first bail application of the petitioner was dismissed as not pressed on 24.07.2017 followed by rejection of second bail application on 14.05.2018.

Arguing on this third bail application, it is submitted by learned counsel that after rejection of earlier bail applications there is substantial change in the circumstances. Elaborating his submission in this behalf, learned counsel submits that although prosecutrix Ms.'K' (P.W.3) has made a attempt to castigate the petitioner for the charged offence, in her statement she has also shown presence of other witness Gulab Singh, who during his deposition has not corroborated her version. Learned counsel submits that, in fact, Gulab Singh has completely disowned the story of the prosecutrix. Learned counsel has further argued that for offence under Section 354A(1)(i) IPC, maximum punishment is three years and vis-a-vis offence under Section 7/8 of the POCSO Act minimum sentence is three years provided by Legislature, and therefore, in the backdrop of peculiar facts, the petitioner who is in custody since last more than one and half years and completion of trial is not offing in near future, may be enlarged on bail.

Learned Public Prosecutor has opposed the third bail application in general.

I have bestowed my consideration to the arguments and perused the statements of the witnesses recorded during trial.

Having regard to the facts and circumstances of the case and noticing material change in the circumstances sought to be canvassed by learned counsel for the petitioner, while refraining to make any comment on merits of the case, I feel persuaded to accept this third bail application.

Accordingly, this third bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner, Amrik Singh S/o Jagjit Singh Mehra, arrested in connection with F.I.R. No.86/2017, Police Station Hindumalkot, District Sriganganagar, may be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/-each to the satisfaction of 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.