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Judgment
Petitioner has filed this bail application under Section 439 of Cr.P.C.
F.I.R. No. 92/2020 was registered at Police Station Bhatta Basti Jaipur Metropolitan for offence under Sections 323, 344, 363, 366-A, 374, 376(3)
of I.P.C. and Section 3/4 POCSO Act and Section 3/14 of J.J. Act, 1986 and under Section 75 & 79 Juvenile Justice (Care and Protection of
Children) Act, 2015.
It is contended by counsel for the petitioner that there is an inordinate delay of five months in lodging the F.I.R. Prosecutrix and petitioner are of
about same age. Prosecutrix stayed with the petitioner on her own free will and there was consent of parents of the prosecutrix as well, which is
evident from the fact that no F.I.R. was lodged with regard to missing or forceful abduction of the prosecutrix.
Learned Public Prosecutor and counsel for the complainant have opposed the bail application. It is contended that prosecutrix is a minor girl who
was subjected to rape.
I have considered the contentions.
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.1,00,000/- (Rupees One Lac Only) together with 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 that he shall appear before that Court and any court to which the matter is transferred, on all
subsequent dates of hearing and as and when called upon to do so.