Gempar Ram @ Chikku vs State Of Rajasthan And Others

Dr. Nupur Bhati, J

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material on record.

The petitioner has been arrested in FIR No.18/2023 dated 12.01.2023 registered at Police Station Lohawat, District Jodhpur for the offences punishable under Sections 354-D, 419 IPC and Sections 13/14 POCSO Act and 66C, 67B of IT Act. He has preferred second bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner submits that the first bail application of the petitioner was dismissed vide order dated 14.03.2023. He further submits that now the charge-sheet has been filed and there is no criminal antecedents against the present petitioner. He draws attention of this Court to the statement of prosecturix recorded under Section 164 CrPC, wherein she deposed that the petitioner used to frequently call her to meet him and it seems that they were also having communication with each other through social media.

Learned Public Prosecutor opposes the bail application and submits that age of the prosecutrix is sixteen years.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case and considering the fact that the trial will consume time, I deem it just and proper to grant second bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner- Gempar Ram @ Chikku S/o Arjun Ram in connection with FIR No.18/2023 dated 12.01.2023 registered at Police Station Lohawat, District Jodhpur, shall be released on bail; provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.