Granting bail based on the totality of the facts and circumstances of the case and the likelihood of prolonged proceedings, without expressing any opinion on the merits of the case.

Headnote:
Bail Application - Offences under IPC and POCSO Act - The court granted bail to the accused petitioner under Section 439 Cr.P.C. considering the totality of the facts and circumstances of the case and the likelihood of prolonged proceedings, without expressing any opinion on the merits of the case.
Fact of the Case:

The petitioner was arrested for offences under Sections 363, 366, 376(2)(n) IPC and Section 5(L)/6 of POCSO act. The bail application was filed under Section 439 Cr.P.C.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioner considering the totality of the facts and circumstances of the case and the likelihood of prolonged proceedings.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: Granting bail based on the totality of the facts and circumstances of the case and the likelihood of prolonged proceedings, without expressing any opinion on the merits of the case.
Final Decision: The bail application filed under Section 439 Cr.P.C. was allowed, and the accused petitioner was directed to be released on bail upon fulfilling certain conditions.

JUDGMENT

Dr. Pushpendra Singh Bhati, J. - This Court has perused the material available on record.

2. The petitioner has been arrested in FIR No.122/2021 of Police Station Paroli, District Bhilwara for the offences punishable under Sections 363, 366, 376(2)(n) IPC and Section 5(L)/6 of POCSO act. He has preferred this bail application under Section 439 Cr.P.C.

3. Counsel for the petitioner has shown the statement of prosecutrix (PW-2) in which she has deposed that she traveled with the present petitioner at many public places through public transport and she was already married. There is no medical evidence of any violence. Therefore, it is prayed that the petitioner may be released on bail.

4. Learned additional advocate General opposes the bail application.

5. Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

6. accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Bholu S/o Sharwan Regar shall be released on bail in connection with FIR No.122/2021 of Police Station Paroli, District Bhilwara provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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