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Judgment
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
The instant bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioner who is in custody in connection with F.I.R. No.79/2016, registered at Police Station Maroth, District Nagaur for the offences under Sections 363 and 366A IPC and Section 16/17 POCSO Act, 2012.
As per the statement of Rajendra Kumar, brother of the victim, it is apparent that there were prolonged mutual relations between the victim and co-accused Mukesh Khokar. Even in the statement of the victim recorded under Section 164 Cr.P.C. the allegation of sexual assault is against Mukesh Khokhar. The petitioner is said to be a person who facilitated Mukesh Khokhar in committing the offence. Be that as it may. Having regard to the facts and circumstances available on record but without expressing any opinion on the merits of the case, this Court is of the opinion that the petitioner deserves to be released on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Suja Ram arrested in connection with the F.I.R. No. 79/2016, registered at Police Station Maroth, District Nagaur shall be released on bail provided he furnishes a personal bond of Rs.50,000/- and 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.