Kharta Ram vs State
2021 Latest Caselaw 2983 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1540/2021

Kharta Ram S/o Mala Ram, Aged About 20 Years, R/o Dhane Ka Tala, Shivkar, P.S. Sadar, District Barmer. (Presently In Judicial Custody At Sub Jail, Balotra).

----Petitioner Versus The State of Rajasthan

----Respondent

For Petitioner(s) : Mr. Siddharth Karwasra For Respondent(s) : Mr. Mahipal Bishnoi, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

03/02/2021

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.200/2020 of

Women Police Station, District Barmer for the offences punishable

under Sections 450 and 376 IPC and Section 3 read with Section 4

of POCSO Act. He has preferred this bail application under Section

439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

allegation against the petitioner of sexual assault is absolutely

false. It is argued that the petitioner and his brother were named

as accused in the FIR whereas the charge-sheet has been filed

only against the petitioner. It is submitted that from this fact, it is

clear that the complainant tried to implicate the petitioner falsely.

It is further submitted that as a matter of fact the petitioner and

(2 of 2) [CRLMB-1540/2021]

the prosecutrix were in relationship and on her call he reached at

her house and when her parents came to know about the same

they tried to caught the petitioner then he ran away from there

and thereafter this false FIR has been lodged alleging that the

petitioner earlier sexually assaulted the prosecutirx more than one

month ago and thereafter on 19.07.2020. It is submitted that the

charge-sheet has been filed and the trial of the case will take

time.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case, without expressing any opinion on the merits of the

case, I deem it just and proper to grant bail to the accused

petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner - Kharta Ram

S/o Mala Ram shall be released on bail in connection with FIR

No.200/2020 of Women Police Station, District Barmer 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.

(VIJAY BISHNOI),J

Abhishek Kumar S.No.42

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