The court may grant bail considering the facts and circumstances of the case, without commenting on the merits of the case.

Headnote:
Bail Application - POCSO Act - The court allowed the bail application under Section 439 Cr.P.C. and ordered the release of the accused-petitioner on bail in connection with the case under F.I.R. No.62/2019, Police Station Kalandari, District Sirohi.
Fact of the Case:

The petitioner was arrested for offences under Section 376 of Indian Penal Code, Section 3/4 of the POCSO Act, 2012, and Sections 67 & 67(A) of the I.T. Act. The prosecutrix's age was mentioned as 19 years in her statement recorded under Section 164 Cr.P.C. FIR was lodged after a considerable delay with no explanation provided for the delay.
Finding of the Court:

The court, without commenting on the merits of the case, deemed it just and proper to release the petitioner on bail, considering the facts and circumstances of the case.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: The court considered the delay in lodging the FIR, the age of the prosecutrix, and the absence of pending investigation against the petitioner in granting bail.
Final Decision: The bail application under Section 439 Cr.P.C. is allowed, and the accused-petitioner is ordered to be enlarged on bail in F.I.R. No.62/2019, Police Station Kalandari, District Sirohi.

JUDGMENT

Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No.62/2019, Police Station Kalandari, District Sirohi for the offences punishable under Section 376 of Indian Penal Code and Section 3/4 of the POCSO Act, 2012 and Sections 67 & 67(A) of the I.T. Act.

2. Learned counsel for the petitioner submits that though the challan of the case was presented under POCSO Act but in this regard an inquiry was held before the competent Court and the competent Court found that the prosecutrix was a major, therefore, the application filed by the petitioner was accepted. Counsel further submits that according to the statement of prosecutrix recorded under Section 164 Cr.P.C., she mentions her age as 19 years. FIR in this case has been lodged after a considerable delay and no explanation has been given for the said delay. Challan of the case has already been presented and no investigation is pending against the petitioner. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the accused-petitioner.

3. Per contra, learned Public Prosecutor has opposed the bail application.

4. I have considered the arguments advanced before me and gone through the material available on record.

5. Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.

6. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner, Devaram S/o Shri Jeevaram, shall be enlarged on bail in F.I.R. No.62/2019, Police Station Kalandari, District Sirohi provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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