Poonam Chand @ Puni vs State

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R.

No.13/2020, Police Station- Mathania District Jodhpur for the offences under Sections 143, 341, 323, 354 of IPC and section 7/8, 11/12 of POCSO

Act.

Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record.

It is submitted by learned counsel for the petitioner that co-accused Vishal has already been enlarged on bail by this court vide order dated 06.02.2020.

He further submits that the allegations leveled against the present petitioner are false and baseless as the victim was having relationship with the co-

accused Vishal. Therefore, it is prayed that the petitioner may be enlarged on bail.

Per contra, learned Public Prosecutor supported by learned counsel for the complainant submits that the present petitioner and the co-accused persons

made life of victim quite miserable. He further submits that after grant of bail by this court to the co-accused Vishal, he went to the house of the

complainant doing gestures and demonstrating that the complainant party cannot do anything as he has been enlarged on bail.

Having regard to the facts and circumstances of the case, upon a consideration of the arguments advanced, this Court is of the opinion that the bail

application filed by the petitioner deserves to be accepted. However, in view of the facts noticed above, it is made clear that after enlargement on bail

by this court, if any incident of harassment to the victim is brought to the notice by lodging appropriate complaint before the police, the complainant will

be free to move appropriate application for cancellation of bail granted to the petitioner.

Consequently, the bail application is allowed. It is ordered that the accused-petitioner Poonam Chand @ Puni S/o Jugal Kishore arrested in connection

with F.I.R. No.13/2020, Police Station- Mathania District Jodhpur shall be released on bail; provided he furnishes a personal bond of Rs.50,000/-

(Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) 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.