Rahul @ Fula Ram vs State Of Rajasthan
2021 Latest Caselaw 11130 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 8183/2021

Rahul @ Fula Ram S/o Jepa Ram, Aged About 26 Years, Vediya, At Present Ahore, P.s. Ahore, Dis. Jalore At Present District Jail Jalore

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. R J Punia For Respondent(s) : Mr. Anil Joshi, PP Mr. Chakravarti Singh Rathore for complainant

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Judgment / Order

19/07/2021

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

in connection with FIR No.65/2021 registered at Police Station,

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

376 D and Section 3/4 of POCSO Act.

Learned counsel for the petitioner submits that that the

petitioner has no role to play with regard to the abduction or

committing rape on the minor and the role assigned to the

petitioner is of providing a room where the couple had stayed.

Learned counsel submits that the room where the couple stayed

was lying idle and was not being used by the petitioner in any

form.

(2 of 2) [CRLMB-8183/2021]

Learned counsel appearing for the complainant opposes the

bail application and submits that the petitioner's role is involved in

abducting the minor girl and commission of crime.

Learned Public Prosecutor also opposes the bail application.

I have considered the submissions and perused the case

diary as well as the statement of the prosecutrix and others.

Taking into consideration the overall aspects and that there is

no allegation of abduction or commission of rape, but without

commenting further on merits of the case, 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 - Rahul @ Fula Ram S/o Jepa 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.50,000/- 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

13-1/-saurabh

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