Banka Ram @ Vikram vs State Of Rajasthan
2021 Latest Caselaw 9742 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 7374/2021

Banka Ram @ Vikram S/o Shri Hema Ram, Aged About 23 Years, R/o Village Balera, P.s. Sadar - Barmer, District Barmer (Raj.) (Presently Lodged In Sub Jail Bali (Pali))

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

----Respondent

For Petitioner(s) : Mr. Shambhoo Singh, through Cisco Webex App For Respondent(s) : Mr. SK Bhati, PP

JUSTICE DINESH MEHTA (VACATION JUDGE)

Judgment

07/06/2021

1. This application for bail has been filed by the petitioner under

Section 439 of the Cr.P.C. in connection with FIR No.04/2021

Police Station Khimara, District Pali, for the offences under

Sections 363 & 366 of IPC.

2. Learned counsel for the petitioner submits that the

prosecutrix went with the petitioner with her own sweet will and

volition and there is no allegation of sexually assaulting the

prosecutrix.

3. Learned Public Prosecutor, however, opposed the petitioner's

prayer for release on bail.

4. Having regard to the facts and circumstances of the case and

considering that there is no allegation of sexual assault, though

the prosecutrix is a minor, I am inclined to release the petitioner

on bail.

(2 of 2) [CRLMB-7374/2021]

5. Consequently, the bail application filed under Section 439

Cr.P.C. is allowed. The petitioner Banka Ram @ Vikram S/o Shri

Hema Ram arrested in FIR No.04/2021 Police Station Khimara

District Pali shall be released on bail on his furnishing personal

bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/-

each to the satisfaction of the trial Court.

6. Petitioner shall be required to appear before that Court on all

dates of hearing and as and when called upon to do so.

7. Needless to observe that the above observations made by

this Court are on the basis of material so far produced before the

Court. They are only prima-facie observation and the same shall

however, not come in the way of trial Court to take independent

view of the matter, based on ocular and oral evidence, while finally

deciding the case.

(DINESH MEHTA), VJ.

38-Amar/-

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