Veerma Ram vs State
2021 Latest Caselaw 3303 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 8230/2020

Veerma Ram S/o Shri Kaluram @ Kalaji, Aged About 24 Years, By Caste Garasiya, R/o Nopava-Fali Mudarla, P.s. Aburoad Sadar, Tehsil Aburoad, District Sirohi (Raj.). (Presently Lodged In District Jail, Sirohi).

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Bharat Singh Rathore For Respondent(s) : Mr. Shrawan Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

05/02/2021

Heard the learned counsel for the petitioner as well as the

learned Public Prosecutor and perused the material available on

record.

The petitioner has been arrested in FIR No. 104/2019 of

Police Station Swaroopganj, District Sirohi for the offences

punishable under Sections 363, 366, 354d, 376(2)(i)(n) IPC and

Section 3/4, 5(1)/6, 11(i)/12 of POCSO Act, 2012. He has

preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

petitioner has falsely been implicated in this case. It is argued that

the allegations of abduction and sexual assault against the

petitioner are false.

Per contra, learned Public Prosecutor has vehemently

opposed the bail application and submitted that earlier bail

(2 of 2) [CRLMB-8230/2020]

application of the petitioner has been rejected while considering

the evidence of prosecutrix and other witnesses. It is also

submitted that allegation against the petitioner of abducting a

minor girl, sexually assaulted her and the charge against him is

for commission of heinous offence, therefore, he is not entitled to

be enlarged on bail.

Having regard to the totality of the facts and circumstances

of the case and after going through the material available on

record and looking to the nature of accusation and gravity of the

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

I am not inclined to grant bail under Section 439 Cr.P.C. to the

petitioner.

Accordingly, the bail application preferred by the petitioner

under Section 439 Cr.P.C. is rejected.

(VIJAY BISHNOI),J

Surabhii/8-

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