Baldev @ Bulla Ram vs State
2021 Latest Caselaw 4782 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1426/2021 Baldev @ Bulla Ram S/o Shri Madan Lal, Aged About 21 Years, Village Loona, Chakhu Police Station, Jodhpur, District Jodhpur. (Lodged In Central Jail, Bikaner).

----Petitioner Versus State, Through P.p.

                                                                ----Respondent


For Petitioner(s)        :     Mr. B Ray Bishnoi
For Respondent(s)        :     Mr. Mohd. Javed Gauri, PP
For Complainant(s)       :     Mr. Kaushal Gautam


            HON'BLE MR. JUSTICE VIJAY BISHNOI
                    Judgment / Order

19/02/2021

Heard learned counsel for the partes and also perused the

material on record.

The petitioner has been arrested in FIR No.144/2020 of

Police Station Bajju District Bikaner for the offences punishable

under Sections 354-G, 376[2][j], 506, 450 IPC and under Sections

3/4, 11/12 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 of sexual assault against the petitioner is absolutely

false. It is argued that initially, father of prosecutrix in his

complaint, submitted before the Superintendent of Police on

07.08.2020 has not levelled the allegation of sexual assault and

he simply stated that the petitioner was harassing his daughter by

passing remarks and by constantly calling her on mobile phone,

however, the statements of prosecutrix recorded under Section

(2 of 2) [CRLMB-1426/2021]

161 CrPC wherein, she has falsely alleged that around one month

before, the petitioner had sexually assaulted her and she has also

reiterated the same in her statements recorded under Section 164

CrPC. It is submitted that as a matter of fact, the allegation of

sexual assault levelled against the petitioner is only with the

intention to make serious case against him. It is further submitted

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

time.

Learned Public Prosecutor as well as learned counsel for the

complainant have vehemently opposed the bail application.

Learned counsel for the complainant has submitted that the

prosecutrix is minor, therefore, the petitioner is not entitled to be

enlarged on bail.

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 Baldev @ Bulla

Ram S/o Shri Madan Lal shall be released on bail in connection

with FIR No.144/2020 of Police Station Bajju District Bikaner

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

Surabhii/26-

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