Tulsi Ram vs State Of Rajasthan
2021 Latest Caselaw 5090 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 674/2021

Tulsi Ram S/o Sh. Madan Lal Prajapat, Aged About 26 Years, R/o

Modi, Tehsil Vallabhnagar, District Udaipur. (At Present Lodged In

Central Jail, Udaipur).

----Petitioner Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Ram Singh Rawal

For Respondent(s) : Mr. Mukesh Trivedi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

23/02/2021

Heard learned counsel for the parties and perused

the material available on record.

The petitioner(s) has/have been arrested in FIR

No.106/2020 of Police Station Fatehnagar, District

Udaipur for the offence(s) punishable under Section(s)

363, 366, 376 IPC and Sections 4, 5, and 6 of the POCSO

Act, 2012. He/she/they has/have preferred this/these bail

application(s) under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that

as per the school certificate collected by the police during

(2 of 3) [CRLMB-674/2021]

the course of investigation, age of the prosecutrix was 17

years and 6 months on the day of incident. It is further

submitted that the prosecutrix, in her statements

recorded under Section 161 Cr.P.C., has specifically stated

that talks regarding her engagement with the petitioner

were going on, however, when her family members

decided to engage her somewhere else, she called the

petitioner and went away with him as she wanted to

marry the petitioner and stayed with him for quite some

days. It is also submitted that the prosecutrix has also

stated that the petitioner did not do anything wrong with

her, however later on, in the statements recorded under

Section 164 Cr.P.C., she has levelled allegations of

abduction and sexual assault against the petitioner under pressure of her family members. It is also submitted that

relationship of the prosecutrix with the petitioner was

concensual.

Learned Public Prosecutor has opposed the bail

application(s).

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 petitioner(s) under Section

439 Cr.P.C.

Accordingly, this/these bail application(s) filed under

Section 439 Cr.P.C. is/are allowed and it is directed that

petitioner(s) - Tulsi Ram S/o Sh. Madan Lal Prajapat shall

be released on bail in connection with FIR No.106/2020

of Police Station Fatehnagar, District Udaipur provided

(3 of 3) [CRLMB-674/2021]

he/she/they execute(s) a personal bond in the 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/her/their 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

13-msrathore/-

Powered by TCPDF (www.tcpdf.org)