Kan Singh vs State

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.184/2019 of Police Station Luni, Jodhpur for the offences punishable under Sections 354, 342 IPC and Section 7/8 of POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that allegation against the petitioner of outraging the modesty of the minor daughter of the complainant is absolutely false. It is submitted that the petitioner, on asking of the mother of the complainant, had accompanied the minor daughter of the complainant to her house and he had not attempted to commit sexual assault or to outrage the modesty of the minor daughter of the complainant. It is submitted that the complainant has filed FIR against the petitioner at the insistence of the other villagers, who are political opponents to the petitioner. It is submitted that the petitioner is in judicial custody and charge-sheet has been filed.

Per contra, learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application.

Learned counsel for the complainant has submitted that after four days of the filing of complaint against the petitioner, the complainant, father of the minor daughter, died in suspicion condition and the family members of the complainant have alleged that it is the petitioner, who is responsible for the death of him because he was constantly pressurizing the complainant to withdraw the complaint. It is submitted that after the death of the complainant, nobody is there to look after two minor girls because wife of the complainant is expired long before and his mother is an old aged lady. It is submitted that in the above facts and circumstances of the case, there is all possibility that if the petitioner is released on bail, he may pressurize the minor daughters of the complainant to change their statements, therefore, the petitioner is not entitled to be enlarged on bail.

Having regard to the totality of the facts and circumstances of the case and having gone through the charge-sheet,, without expressing any opinion on the merits of the case, I deem 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 Kan Singh S/o Mool Singh, shall be released on bail in connection with FIR No.184/2019 of Police Station Luni, Jodhpur 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.

However, it is made clear that the petitioner will not attempt to influence the minor daughters of the complainant in any manner. If the complainant party feels that the petitioner is misusing his bail condition in any manner, they are free to approach this Court for cancellation of bail of the petitioner.