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2021 Supreme(Raj) 1343

MANOJ KUMAR GARG
Vijay Pal – Appellant
Versus
State of Rajasthan – Respondent


Advocates appeared:
Ram Singh Rawal, Advocate, Mahipal Bishnoi, Advocate

JUDGMENT

Manoj Kumar Garg, J. - This is the fifth bail application under Section 439 Cr.P.C. The petitioner was arrested in connection with FIR No.10/2018, Police Station Phalsia, Distt. Udaipur for the offence under Sections 370(4) IPC and Section 6/17 of POCSO Act.

2. Learned counsel for the petitioner submits that the main accused in this case is Sanjay Kumar Gamar and he has been granted bail by the learned lower court on 23.10.2021. The petitioner is in custody since 15.02.2018 and the case of the present petitioner is similar to that who has already been granted bail by the lower court. The petitioner is in judicial custody and the trial of the case will take sufficient long time. Therefore, the benefit of bail should be granted to the accused-petitioner.

3. 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 o

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