Pema Ram vs State Of Rajasthan
2021 Latest Caselaw 7570 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2788/2021

Pema Ram S/o Ghisa Ram, Aged About 48 Years, Kosana, Police Station Pipar City, District Jodhpur. (At Present Lodged In Central Jail, Jodhpur).

----Petitioner Versus State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s) : Mr. Kailash Khilery For Respondent(s) : Mr. AR Choudhary, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

17/03/2021

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.239/2020 of

Police Station Pipar City District Jodhpur for the offences

punishable under Sections 457, 376 IPC. He has preferred this bail

application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that

allegation levelled against the petitioner of sexual assault is

absolutely false. It is argued that real dispute between the

petitioner and the complainant was in relation to some money

transactions, however, the complainant has lodged false report of

sexual assault. It is further submitted that as per the complaint,

alleged incident of sexual assault took place around four months

(2 of 2) [CRLMB-2788/2021]

before, however, no satisfactory explanation has been offered by

complainant for the said delay.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case and after going through the case diary, 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 Pema Ram S/o

Ghisa Ram shall be released on bail in connection with FIR

No.239/2020 of Police Station Pipar City District Jodhpur 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

Surabhii/7-

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