Rajasthan High Court - Jodhpur
Ramnarayan @ Dinesh vs State Of Rajasthan on 6 July, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 4109/2021
Ramnarayan @ Dinesh S/o Prahlad Sahay, Aged About 30 Years,
B/c Harijan, R/o Karansar, Tehsil Kishangarh Renwal, Dist. Jaipur.
(At Present Lodged In Sub Jail, Merta).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Ravindra Acharya
For Respondent(s) : Mr. S.S. Rajpurohit, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
06/07/2021
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.149/2019 of
Police Station Nawan, District Nagaur for the offences punishable
under Sections 363, 366-A, 376(2)(>)(<), 342 of IPC and Section
5(G)/6 of POCSO Act. He has preferred this bail application under
Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that after
rejection of the first bail application of the petitioner, statements
of the prosecutrix PW-1 have been recorded before the trial court.
It is submitted that initially an FIR under Sections 363 and 366
IPC has been lodged by the complainant alleging that the
prosecutrix had been abducted, however, after recovery of the
(2 of 3) [CRLMB-4109/2021]
prosecutrix, statements of her have been recorded by the police,
wherein she has specifically stated that no persons had abducted
her and she went with the petitioner as per her own free will, later
on, statements of the prosecutrix were recorded under Section
164 Cr.P.C., wherein, she has levelled allegations of abduction and
rape against the petitioner. It is submitted that the said allegations
against the petitioner are absolutely false and the same have been
levelled by the prosecutrix under pressure of her family members.
Learned counsel for the petitioner has invited my attention
towards the evidence of the prosecutrix, wherein, she has
specifically admitted that no such allegations of abduction and
rape have been levelled by her in her police statements. It is
further submitted that regarding date of birth of the prosecutrix,
there are contradictory documents collected by the police during
the course of investigation. It is submitted that in the adhar card
and in the bhamashah card, birth of year of the prosecutrix is
mentioned as 2002, however, in the certificate issued by the
Municipal Board, birth of year of her is mentioned as 2004. It is
further submitted that grandfather of the prosecutrix was
employee of the Municipal Board and there is all possibility that
such certificate of the prosecutrix was prepared illegally. It is
further submitted that narration of the facts by the prosecutrix in
her court statements is difficult to believe as she has alleged that
the petitioner had abducted her in presence of her family
members in the night, which is quite unbelievable. It is further
submitted that petitioner is in judicial custody since 26.08.2019
and trial of the case will take time.
Learned Public Prosecutor has opposed the bail application.
(3 of 3) [CRLMB-4109/2021]
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 Ramnarayan @
Dinesh S/o Prahlad Sahay shall be released on bail in connection
with FIR No.149/2019 of Police Station Nawan, District Nagaur
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
108-Taruna/-
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