Shubham Sharma @ Rahul Sharma vs State Of Rajasthan
2021 Latest Caselaw 4911 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2673/2021

Shubham Sharma @ Rahul Sharma S/o Sri Shanker Lal, Aged About 24 Years, By Caste Sharma, R/o Navlai, Post Bhagariya Vas, P.s. And Tehsil Shrimadhopur, District Sikar. (Presently Lodged At Sub Jail Rajgarh).

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

----Respondent

For Petitioner(s) : Mr. Anil Kumar Sharma For Respondent(s) : Mr. Mukesh Trivedi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

22/02/2021

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.308/2020 of

Police Station Rajgarh District Churu for the offences punishable

under Sections 343, 376-D IPC.He has preferred this bail

application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the co-

accused persons namely Mukesh Kumar and Vikram Singh have

already been enlarged on bail. It is submitted that the allegation

against the petitioner of sexual assault is false. It is argued that

initially, a missing person report was lodged by the parents of

prosecutrix and those proceedings, she gave her statements to

the police on 02.10.2020 wherein, she has specifically stated that

(2 of 2) [CRLMB-2673/2021]

she went left her house as per her own free will and she has not

levelled allegation of sexual assault against any person, however,

later on, under pressure of her family members, she lodged this

false FIR. It is further submitted that charge-sheet has been filed

and 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 Shubham

Sharma @ Rahul Sharma S/o Sri Shanker Lal shall be released on

bail in connection with FIR No.308/2020 of Police Station Rajgarh

District Churu 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/105-

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