The court may grant bail based on the lack of support from key prosecution witnesses and the similarity of the case to that of a co-accused who had been granted bail earlier.

JUDGMENT

Dinesh Mehta, J. - This application for bail has been filed by the petitioners under Section 439 of the Cr.P.C. in connection with FIR No.136/2018 Police Station Women, District Barmer, for the offences under Sections 363, 366-A, 376(3), 376(2)(N), 376(D) (A) IPC and Section 5(G)/6 of POCSO Act.

2. Heard learned counsel for the petitioners and learned Public Prosecutor and also perused the material available on record.

3. Learned counsel for the petitioner while submitting that the co-accused Hukma Ram has been enlarged on bail by this Court vide order 03.09.2019, against whom common/identical allegations had been leveled, prays that the petitioner be also enlarged on bail, as his case is not different.

4. Learned Public Prosecutor vehemently opposed this bail application.

5. This Court while granting bail to the co-accused Hukma Ram vide order dated 03.09.2019 has observed thus:

"Learned counsel the petitioner has submitted that allegation against the petitioner is to the effect that he abducted and sexually assaulted minor daughter of the complainant. It is submitted that there is delay of around one month in filing the complaint against the petitioner. It is submitted that the police have filed charge-sheet against the petitioner mainly on the basis of statement of minor daughter of the complainant recorded during the course of police investigation. It is submitted that statement of minor daughter of the complainant have been recorded before the trial Court on 05.07.2019 as PW-1, wherein she has not supported the prosecution story and turned hostile. She has also specifically stated that nobody has done anything wrong with her. It is submitted that statement of mother of the prosecutrix have been recorded before the trial Corut as PW-2 on 05.07.2019 and she has also not supported the prosecution story and turned hostile and also specifically stated that nobody had abducted and sexually assaulted her daughter. It is submitted that since important prosecution witnesses have not supported the prosecution story and turned hostile, it would be very difficult for the prosecution to prove the guilt of the 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. "

6. Having regard to the facts and circumstances of the case, considering the fact that the co-accused Hukma Ram has been enlarged on bail and the fact that the petitioner is sailing on the same boat, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

7. Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioner Narendra @ Narsinga Ram S/o Kistura Ram, arrested in connection with FIR No.136/2018 Police Station Women, District Barmer, shall be released on bail; provided he executes a personal bond in the sum of Rs. 50,000/- and two sureties 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.