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Judgment
The present second bail application has been filed under Section
439 Cr.P.C. for grant of a regular bail to the petitioner in a case arising out of FIR
No. 99/2016, registered at Police Station Manak Chowk, Jaipur Metropolitan, for
the offences under Sections 363, 366, 376, 376(D) and 120-B IPC and Sections
5/6 of POCSO Act.
Earlier bail application filed by the petitioner bearing docket
No.S.B. Cr. Misc. Bail Application No. 6347/2016 was dismissed as withdrawn
with liberty to the petitioner to renew the prayer for bail after examination of
the prosecutrix as first witness. The order dated 14.7.2016 reads as under:-
"Counsel for the petitioners, after arguing the matters at some length, has prayed that the present bail applications be dismissed as withdrawn with liberty to petitioners to renew the prayer for bail after examination of the prosecutrix as witness.
As prayed, the present bail applications are dismissed as withdrawn with liberty aforesaid. Further direction is issued to the trial Court to examine the prosecutrix as first witness.
A copy of the order be placed in the connected file."
The learned counsel for the petitioner has submitted that now the
prosecutrix (name withheld to protect her identity) has been examined as P.W.2.
The learned counsel for the petitioner has stated that the prosecutrix in her
examination-in-chief stated that on the bidding of the accused, she had
accompanied Shahrukh, co-accused of the petitioner. Shahrukh had taken her to
farm house and made a telephonic call to the present petition. Thereafter, he
left to bring two bottles of drink. Meanwhile, the present petitioner established
sexual relationship by giving a threat. The prosecutrix stated that the petitioner
had given a threat that in case, she will not establish sexual relationship, acid
will be thrown upon her.
Having read the examination-in-chief, the learned counsel for the
petitioner has referred to the following lines in the cross-examination of the
prosecutrix:-
"VERNACULAR MATTER OMITTED"
The learned counsel for the petitioner has submitted that the
petitioner is in custody since 10.3.2016.
After going through the cross-examination of the prosecutrix,
especially lines reproduced above, and without commenting on the merits of the
case, this Court is of the view that the continuous detention of the petitioner as
an under trial is not warranted.
Consequently, the present second bail application is accepted and
the petitioner is ordered to be released on bail during the pendency of the trial,
to the satisfaction of the trial court.