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Judgment
Manoj Kumar Garg, J
The petitioner has been arrested in connection with FIR No. 556/2021 of Police Station Bilara, District Jodhpur for the offence punishable under Sections 363, 376, 376(2) of IPC R/w Section 3/4 of POCSO Act, 2012. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that prosecutrix has been examined before the Court as PW-1 and according to her statement, specific allegation for committing rape has been levelled against co-accused- Raju S/o Prabhu Ji and not against present petitioner. Challan of the case has already been presented. The accused-petitioner is behind the bars and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Rajendra Singh @ Raju S/o Shri Kishan Singh, shall be released on bail in connection with FIR No.556/2021 of Police Station Bilara, District Jodhpur provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.