The court's decision to grant bail was influenced by the peculiar facts and circumstances of the case, as well as the present situation of the country due to the pandemic of corona virus (COVID-19).

JUDGMENT :

Vinit Kumar Mathur, J.

1. The present third bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 125/2019, Police Station Pipar City, District Jodhpur for the offences under Sections 363, 366, 346 & 376(2)(N) of IPC, under Sections 5(L) & 6 of the Protection of Children From Sexual Offences Act, 2012 and under Sections 3(1)(W)(I) & 3(2)(V) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

2. Heard learned counsel for the parties. Perused the material available on record.

3. Learned counsel for the petitioner submits that the after the rejection of the second bail application of the petitioner on 10.08.2020, the statement of Mst. 'S' has been recorded before the trial court. He further submits that petitioner and Mst. 'S' were known to each other and were regularly talking on mobile phone. The fact of talking on mobile phone with the present petitioner has been accepted by Mst. 'S' in her statements before the trial court. In her statements, she further stated that she has gone with the present petitioner to Ahmedabad by public transport i.e. the bus of Pooja Travels, without raising any alarm. Therefore, it is prayed that the petitioner may be enlarged on bail.

4. Learned Public Prosecutor as well as the learned counsel for the complainant vehemently oppose the bail application.

5. Having regard to the peculiar facts and circumstances of the case as also the present situation of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court deems it just and proper to release the petitioner on bail.

6. Consequently, the present third bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner-Sunil S/o. Shri Ghanshyam arrested in connection with F.I.R. No. 125/2019, Police Station Pipar City, District 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.