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Judgment
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.202/2019, Police Station Nagori Gate, Jodhpur for the offences under Sections 354-B of IPC and under Sections 9 & 10 of POCSO Act.
Heard learned counsels for the parties. Perused the material available on record.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. The petitioner has not committed any offences alleged in the FIR. He further submits that the petitioner is working as male nurse and discharging the duties to the utmost satisfaction of the hospital authorities. Therefore, it is prayed that the petitioner may be enlarged on bail.
Per contra, opposing the bail, the counsel for the complainant submits that the petitioner has committed the offences alleged in the FIR and till the investigation is in progress, the petitioner should not be enlarged on bail.
On the strength of the case diary, learned Public Prosecutor submits that the police after investigation has not found the offences under section 376 (C) IPC and section 3/4 of POCSO act to be made out against the present petitioner. He further submits that the investigation reveals that the statements of the persons available at the time of the incident in the ICU had been obtained and they also stated that no such incident had ever taken place.
Having regard to the facts and circumstances of the case and 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.
Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Shyam Singh Vishnoi S/o Shri Hari Singh arrested in connection with F.I.R. No.202/2019, Police Station Nagori Gate, 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.