Heera Ram vs State
2021 Latest Caselaw 10654 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 8911/2021

Heera Ram S/o Aashu Ram, Aged About 25 Years, R/o Panseri, Police Station Jaswantpura, District Jalore. (At Present Lodged In District Jail, Jalore)

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Hukam Singh Chouhan For Respondent(s) : Mr. Sudhir Tak, PP

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Judgment / Order

13/07/2021

This bail application has been filed under Section 439 Cr.P.C.

in connection with FIR No.22/2021 registered at Police Station,

Jaswantpura District Jalore for offence under Section(s) 363, 366,

342, 384 & 376(2)(N) of IPC and Section 5(L)/6 POCSO Act.

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and perused the entire material available on

record.

Learned counsel for the petitioner submits that as per the

statement made under Section 161 Cr.P.C., the prosecutrix stayed

with the petitioner on her own freewill. The petitioner did not

commit any rape on her while in subsequent statement made

under Section 164 Cr.P.C. she has changed her version. The

prosecutrix statement made under Section 164 Cr.P.C. is cloud of

doubts as the prosecutrix mentions that she is illiterate while the

language used in the statement mentions english words.

(2 of 2) [CRLMB-8911/2021]

Learned counsel submits that the charge-sheet has already

been filed.

Learned Public Prosecutor has opposed the bail application.

I have considered the submissions.

Taking into consideration the overall aspects and without

commenting further on merits of the case but considering the

circumstances as are being commented in the charge-sheet, I

deem it just and proper to enlarge the petitioner on bail.

Therefore, this bail application is allowed and it is ordered

that the accused petitioner - Heera Ram S/o Aashu Ram, be

released on bail under Section 439 Cr.P.C. in connection with

aforesaid FIR provided the petitioner furnishes a personal bond of

Rs.20,000/- with one surety in the like amount to the satisfaction

of the concerned Magistrate with the stipulation that he shall

comply with all the conditions laid down under Section 437(3)

Cr.P.C.

(SANJEEV PRAKASH SHARMA),J

68-1/-saurabh

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