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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.61/2017, registered at Police Station Vallabhnagar, District Udaipur for the offences under Sections 363, 366, 342 and 376-D IPC, Sections 4, 6 and 17 of the POCSO Act, 2012 and Section 3(2)(v) of S.C./S.T. (Prevention of Atrocities) Act.
The victim Mst.H, in her statement recorded under Section
164 Cr.P.C. has attributed the allegation of sexual assault to the accused Ramesh Bheel. The petitioner is said to be one of those who allegedly took the prosecutrix away from the lawful guardianship of her father. The FIR came to be lodged after one and half months of the alleged incident.
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 Lal Mohammad Alias Mangu arrested in connection with the F.I.R. No.61/2017, registered at Police Station Vallabhnagar, District Udaipur 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.