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Judgment
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
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.125/2016, Police Station Raipur, District Pali for the offences under Sections 363, 366A and 120B IPC and Section 16/17 of the POCSO Act.
Learned counsel for the petitioner points out that after the FIR in the case at hand was lodged and charge-sheet was filed, the victim Mst.M again escaped from the custody of her natural guardian. She called the parents of the petitioner and went to Idgah at Unjah, Gujarat of her own and stayed there for ten days.
In relation to the said disappearance, another FIR no.131/2016 was lodged at P.S. Sojat Road, during investigation whereof, the victim was examined under Section 164 Cr.P.C. on 15.9.2016. In the said statement, the victim clearly stated that the petitioner never subjected to her any forcible sexual assault. He thus urges that the petitioner deserves to be released on bail.
Per contra, learned P.P. vehemently opposes the submissions advanced by the petitioner's counsel. However, he too is not in a position to controvert the above referred facts collected during investigation of FIR No.131/2016, P.S. Sojat Road.
Thus, having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar but without expressing any opinion on the merits of the case lest the same prejudice the prosecution case at the trial, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
Consequently, the bail application is allowed. It is ordered that the accused-petitioner, Vasim Akram @ Balveer @ Ballu arrested in connection with F.I.R. No.125/2016, Police Station Raipur, District Pali 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.