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Judgment
Petitioner has filed this bail application under Section 439 Cr.P.C.
F.I.R. No 318/2017 was registered at Police Station Sultanpur, Kota Rural for offence under Sections 354 I.P.C. and later on Section 376 IPC was
also added.
It is contended by counsel for the petitioner that the prosecutrix in this case is aged 25 years. In the FIR, there is allegation of outraging modesty. In
her statement under Section
161 Cr.P.C. also the allegation was with regard to outraging modesty but in statement under Section 164 Cr.P.C., the allegation of rape has been
levelled.
It is also contended that charge-sheet has been filed. Trial would consume time.
Learned Public Prosecutor has opposed the bail application.
Considering the contentions put forth by counsel for the petitioner, I deem it proper to allow the bail application.
This bail application is, accordingly, allowed and it is directed that accused-petitioner shall be released on bail provided he furnishes a personal bond
in the sum of Rs.50,000/- (Rupees Fifty thousand) together with two sureties in the sum of Rs.25,000/-(Rupees twenty five thousand) each to the
satisfaction of the trial Court with the stipulation that he shall appear before that Court and any Court to which the matter be transferred, on all
subsequent dates of hearing and as and when called upon to do so.