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Judgment
Heard learned counsel for the parties.
This bail application has been moved on behalf of the petitioner in FIR No. 202/2017, P.S. Kanchanpur, Dholpur registered for the offence under Sections 323, 341, 363 & 376 IPC and Sections 3 & 4 of POCSO Act.
Learned counsel for the petitioner submits that during trial statements of prosecutrix Kumari Sharda has been recorded as PW-2, who has categorically stated that accused-Neta @ Prem Singh is not the person who committed rape upon her. At that time accused-petitioner Neta @ Prem Singh was present in the trial court. He has also referred the statement of complainant PW-
1 Mahendra, who has also not supported the prosecution story against the present petitioner. Both the witnesses have been declared hostile by the prosecution.
Learned Public Prosecutor has opposed the prayer.
Without expressing any opinion on the merits of the case but taking into consideration the overall facts and circumstances of the case, I deem it just and proper to enlarge the petitioner on bail.
Consequently, the bail application filed by him under Section 439 Cr.P.C. is allowed.
It is ordered that the accused-petitioner Neta @ Prem Singh S/o Shri Mansingh in FIR No. 202/2017, registered at P.S.
Kanchanpur, Dholpur, shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- with 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.