The court considered the age of the prosecutrix and the petitioner, and the likelihood of prolonged proceedings, in granting bail to the accused petitioner under Section 439 Cr.P.C.

Headnote:
Bail Application - Age of Accused and Prosecutrix - The court granted bail to the accused petitioner under Section 439 Cr.P.C after considering the age of the prosecutrix and the petitioner, and the likelihood of prolonged proceedings without expressing any opinion on the merits of the case.
Fact of the Case:

The petitioner was arrested in connection with FIR No.78/2022 for offences under Sections 323 & 376 IPC and Section 3/4 of POCSO Act. The prosecutrix's age is above 16 years, and the petitioner's age is 21 years.
Finding of the Court:

The court found that at this stage, the custody of the petitioner in this case is not warranted, considering the age of the prosecutrix and the petitioner, and the likelihood of prolonged proceedings. The court granted bail to the accused petitioner under Section 439 Cr.P.C.
Issues: The main issue was whether the accused petitioner should be granted bail in connection with the mentioned FIR, considering the age of the prosecutrix and the petitioner.
Ratio Decidendi: The court's decision was influenced by the age of the prosecutrix and the petitioner, 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 perused the material available on record.

2. The petitioner has been arrested in connection with FIR No.78/2022 of Police Station Diver, District Rajsamand for the offences punishable under Sections 323 & 376 IPC and Section 3/4 of POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.

3. Learned counsel for the petitioner submits that the age of the prosecutrix is above 16 years and the age of the petitioner is 21 years.

Learned Public Prosecutor opposes the bail application.

4. On overall perusal of the statement rendered by PW-1, the prosecutrix, and also keeping into consideration that the prosecutrix is above 16 years of age and age of the petitioner is 21 years, this Court is of the opinion that at this stage, the custody of the petitioner in this case is not warranted.

5. Thus, 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 Mahendra Kumar S/o Dalu Ram shall be released on bail in connection with FIR No.78/2022 of Police Station Diver, District Rajsamand 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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