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Judgment
In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts.
Heard learned counsel for the parties and perused the material available on record.
The petitioner has been arrested in connection with FIR No.152/2020 of Police Station Sadar Dungerpur, District Dungarpur for the offence punishable under Sections 363, 366, 344, 376, 376(2) of IPC and Sections 5 & 6 of the POCSO Act. He has preferred this bail application under
Section 439 Cr.P.C.
Learned counsel for the petitioners submits that the prosecutrix is more than 17½ years of age and the petitioner is 24 years of age. He has drawn attention of this court to the statement of the girl rendered under Section 161 Cr.P.C. in which she has admitted that she loved the petitioner and has not alleged rape. He has further submitted that the allegation of rape has been levelled in the statement under Section 164 Cr.P.C.
Learned P.P. opposes the bail application.
Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time but without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section
439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Jagdish S/o Suraj Mal @ Suresh shall be released on bail in connection with FIR No.152/2020 of Police Station Sadar Dungerpur, District Dungarpur 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.