The court established that prolonged custody without trial can warrant the granting of bail, particularly when similar accused have been released, emphasizing the importance of the right to liberty.

Headnote:
BAIL - POCSO ACT - The court granted bail to the petitioner, considering the prolonged custody since 2018 and the similarity of the case to another accused who was granted bail. The court emphasized the need for a fair trial and the right to liberty, allowing bail under Section 439 Cr.P.C. while ensuring conditions for appearance in court.
Fact of the Case:

The petitioner, Vijay Pal, was arrested in connection with FIR No.10/2018 for offences under Sections 370(4) IPC and Section 6/17 of the POCSO Act. This was his fifth bail application, and he had been in custody since February 15, 2018.
Finding of the Court:

The court found that the petitioner’s case was similar to that of another accused who had been granted bail. It noted the lengthy duration of custody and the potential delay in trial proceedings.
Issues: Whether the petitioner should be granted bail considering the circumstances of the case and the duration of custody.
Ratio Decidendi: The court held that the right to liberty is fundamental, and prolonged detention without trial necessitates the consideration of bail, especially when similar cases have been granted bail.
Result: The bail application was allowed, and the petitioner was ordered to be released on bail upon furnishing a personal bond and sureties.

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 ordered that the accused-petitioner Vijay Pal S/o Dharm Chand @ Dharmi Lal Gamar shall be enlarged on bail in FIR No.10/2018, Police Station Phalsia, Distt. Udaipur 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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