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Judgment
Heard learned counsel for the parties and perused the material available on record.
The petitioner(s) has/have been arrested in FIR/CR No.197/2020 of Police Station Phalodi (Jodhpur) for the offence(s) punishable under Section(s)
457, 376(1) and 376(D) IPC. He/she/they has/have preferred this/these bail application(s) under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that allegation of sexual assault, levelled against the petitioner, is absolutely false and the same has
been levelled on account of enmity of family members of the prosecutrix with the petitioner. It is further submitted that the alleged incident is of
15.6.2020 and complaint regarding the same was filed on 11.7.2020 only. It is submitted that the prosecutrix is a major married lady and there was no
reason for her to lodge the complaint with a great delay, if the said incident took place with her. Learned Public Prosecutor as well as learned counsel
for the complainant have opposed the bail application. Having regard to the totality of the facts and circumstances of the case and after perusal of the
case diary, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the petitioner(s) under Section 439
Cr.P.C. Accordingly, this/these bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) - Om Prakash S/o
Madroopchand shall be released on bail in connection with FIR/CR No.197/2020 of Police Station Phalodi (Jodhpur) provided he/she/they execute(s) a
personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for
his/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.