Rajasthan High Court - Jodhpur
Bhaga Ram vs State Of Rajasthan on 7 July, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 4327/2021
Bhaga Ram S/o Chela Ram @ Fata Ram @ Vela Ram, Aged About
22 Years, By Caste Baori, R/o Jod, Dudaud, Police Station
Marwar Junction, District Pali. (At Present Lodged In District Jail
Pali).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Raju Ram Panwar
For Respondent(s) : Mr. S.S. Rajpurohit, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
07/07/2021
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.258/2020 of
Police Station Marwar Junction, District Pali for the offences
punishable under Sections 363, 366, 342, 376(2)(N), 376(3) of
IPC and Section 3/4(2), 5(L)/6, 5(J)(ii)/6 of POCSO Act, 2012. He
has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that
allegations against the petitioner of abduction and rape of the
prosecutrix are absolutely false. It is argued that even though the
police, in the charge-sheet have concluded that father and step
mother of the prosecutrix have solemnized marriage of her with
the petitioner, however, later on, she left house of the petitioner as
per her own free will and went to the house of her uncle, who
(2 of 2) [CRLMB-4327/2021]
pressurized her to file complaint against the petitioner, though,
she has filed FIR against him. Learned counsel for the petitioner
has submitted that the police have failed to collect definite
conclusive evidence regarding age of the prosecutrix. It is also
submitted that though the police along with charge-sheet have
produced a school certificate of the prosecutrix claiming that she
is minor but from the statements of the prosecutrix under Section
164 Cr.P.C., it is clear that she herself has specifically stated that
she is illiterate. 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 Bhaga Ram S/o
Chela Ram @ Fata Ram @ Vela Ram shall be released on bail in
connection with FIR No.258/2020 of Police Station Marwar
Junction, District Pali 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
94-Taruna/-
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