Kamlesh vs State Of Rajasthan And Others

Kuldeep Mathur, J

The instant bail application has been filed by the petitioner - Kamlesh S/o Foru under Section 439 Cr.P.C against the order impugned dated 06.01.2023 passed by learned court below in connection with FIR No.80/2022 registered at Police Station Vijaypur, District Chittorgarh for the offences under Sections 363, 366, 376(2) (N) of the IPC and 3/4, 5/6 of the POCSO Act.

Learned counsel for the petitioner has drawn attention of the Court towards the contradiction in the statements of the prosecutrix recorded under Section 161 Cr.P.C. and 164 Cr.P.C. before the competent criminal court. Learned counsel for the petitioner further submits that a false case has been foisted against the petitioner. He has nothing to do with the alleged offences and no useful purpose would be served by keeping him behind the bars.

Per contra, learned Public Prosecutor opposed the bail application.

Heard. Considering the arguments advanced by the counsel for the parties and looking to the possibility that the trial may take a long time to conclude, this court deems it just and proper to enlarge the petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner-Kamlesh S/o Foru shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.a