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Judgment
Heard learned counsel for the appellant through video conferencing. Learned Public Prosecutor is present in Court.
The appellant has preferred this appeal aggrieved by order dated 30.06.2020 passed by Special Judge, POCSO Act and Commissions For
Protection of Child Rights Act, Tonk (Raj.) whereby bail application filed by the appellant was rejected.
F.I.R. No.08/2020 was registered at Police Station Todaraisingh District Tonk for offence under Section 376-D of I.P.C. and Section 5/6 of
POCSO Act and Section 3(2)(v) of SC/ST Act and rejected in Section 376-D I.P.C. and Section 3/4 of POCSO Act and Section 3(2)(v) and 3(2)
(VA) of SC/ST Act and Section 3/181 of M.V. Act.
It is contended by the counsel for the appellant that appellant is a young boy aged 19 years. Prosecutrix and appellant were having cordial relations.
There is delay of eight days in lodging the F.I.R. Charge-sheet has been filed. Conclusion of trial will take time.
Learned Public Prosecutor present in person in the Court has opposed the appeal. He contends that information was sent to the complainant. No
one has put in appearance on behalf of the complainant, despite service.
I have considered the contentions.
Considering the contentions put-forth by the counsel for the appellant, I deem it proper to allow the appeal.
The order dated 30.06.2020 is set aside and the appeal is allowed and the appellant is directed to be released on bail provided he furnishes a
personal bond of Rs. 1,00,000/- (Rupees One Lakh only) and two sureties in the sum of Rs.50,000/- (Rupees Fifty thousand only) each to the
satisfaction of the learned trial court with the stipulation to appear before that Court and any court to which the matter is transferred, on all dates of
hearing and as and when called upon to do so.