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Judgment
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
The instant bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioner who is in custody in connection with F.I.R. No.01/2017, registered at Police Station G.R.P., Bikaner for the offences under Sections 363, 366-A, 354, 354-A, 376(2)(1)(N), 323, 341 & 343 IPC and Sections 7/8 & 5L/6 of the POCSO Act.
In the FIR registered on the basis of Parcha Bayan of the prosecutrix Smt.P. a major married woman, the petitioner is not named as an accused. In her statement recorded under Section
164 Cr.P.C., the prosecutrix alleged that the main accused Than Singh abducted her and took her to the petitioner's house at Jaipur where the petitioner tried to force himself upon her. Except this, there is no other allegation levelled by the prosecutrix against the petitioner in her statement.
In this background and having regard to the facts and circumstances available on record but without expressing any opinion on the merits of the case, this Court is of the opinion that the petitioner deserves to be released on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Hukam Singh arrested in connection with the F.I.R. No.01/2017, registered at Police Station G.R.P., Bikaner 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.