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2022 Supreme(Raj) 1878

ANOOP KUMAR DHAND
Aarti – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Vipul Kumar Jaiman, Advocate, F.R. Meena, Advocate, Gajender Singh Rathore, Advocate

JUDGMENT

anoop Kumar Dhand, J. - Since both the bail applications filed by the accused petitioners under Section 439 Cr.P.C., arise out of same FIR, hence, same are being decided by this common order.

2. Both the bail applications under Section 439 Cr.P.C. have been preferred on behalf of petitioners, who have been arrested in FIR No.490/2021 of Police Station Udhyog Nagar, District alwar for the offences punishable under Sections 323, 376 (d) (b) IPC and Section 5 (g)/6 of POCSO act.

3. Learned counsel for the petitioners submits that during the course of trial, statements of the victim and her father were recorded. Both the witnesses have turned hostile as they have not supported the case of prosecution.

4. Learned Public Prosecutor as well as learned counsel for the complainant have admitted the above factum that both prosecutrix and her father have turned hostile and they have not supported the case of prosecution.

5. Looking to the totality of the facts and circumstances of the case and also without expressing any opinion on merits or demerits of the case, this Court is of the opinion to grant indulgence of bail under Section 439 Cr.P.C. to both petitioners.

6. accordingly, both the

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