Babu Ram vs State
2021 Latest Caselaw 4784 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 605/2021

Babu Ram S/o Mohan Ram, Aged About 27 Years, R/o Chimda, P.s. Chitalwana, District Nagaur. (Lodged In Central Jail, Jodhpur).

                                                                       ----Petitioner
                                     Versus
State, Through Pp
                                                                   ----Respondent


For Petitioner(s)          :     Mr. K.L. Vishnoi

For Respondent(s)          :     Mr. Shrawan Bishnoi, P.P.

For Complainant(s)         :     Mr. D.L.R. Vyas



              HON'BLE MR. JUSTICE VIJAY BISHNOI

                           Judgment / Order

19/02/2021

Heard learned counsel for the parties and also perused the

material available on record.

The petitioner has been arrested in FIR No.83/2020 of Police

Station Chakhu, District Jodhpur Rural for the offences punishable

under Sections 452, 376(2)(N) of IPC and Section 5(L)/6 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 levelled against the petitioner is

absolutely false. It is argued that the complainant and her parents

have alleged that the petitioner sexually assaulted the prosecutrix

on 20.08.2019 and thereafter but the complaint regarding the

same was filed only on 01.09.2020 and no explanation for the said

(2 of 2) [CRLMB-605/2021]

delay was offered. It is further submitted that as a matter of fact,

the petitioner used to cultivate the land of the father of the

prosecutrix on contract and there is some dispute regarding the

share of the crops and on account of that this FIR has been

lodged.

Learned Public Prosecutor as well as learned counsel for the

complainant have vehemently 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 Babu Ram S/o

Mohan Ram shall be released on bail in connection with FIR

No.83/2020 of Police Station Chakhu, District Jodhpur Rural

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

19-akash/-

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