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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.