Rajasthan High Court - Jodhpur
Manish Kumar @ Bhoota Ram vs State Of Rajasthan on 22 March, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 3293/2021
Manish Kumar @ Bhoota Ram S/o Mata Ram Ji, Aged About 21
Years, By Caste Jeengar, R/o Bhinmal, District Jalore. (Presently
Lodged In District Jail Jalore).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. C.S. Rathore
For Respondent(s) : Mr. A.R. Choudhary, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
22/03/2021
Heard learned counsel for the parties and perused
the material available on record.
The petitioner(s) has/have been arrested in FIR
No.288/2020 of Police Station Bhinmal, District Jalore for
the offence(s) punishable under Section(s) 363, 366,
384, 376(2)(i)(n) IPC and Sections 3/4 and 5/6 of the
POCSO Act. He/she/they has/have preferred this/these
bail application(s) under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that
the petitioner has falsely been implicated in this case. It
is argued that the prosecutrix, in her statements
recorded under Section 161 CrPC on 21.7.2020, has
specifically stated that she went to Jodhpur on her own
free will and nobody had abducted her. It is argued that
later on, the prosecutrix in her statements recorded
(2 of 2) [CRLMB-3293/2021]
under Section 164 CrPC, has levelled allegations of
abduction and sexual assault against the petitioner and
other persons under pressure of her family members. It
is also submitted that allegation of sexual assault upon
the prosecutrix has not been corroborated by medical
evidence. It is submitted that charge-sheet has been filed
and trial of the case is likely to take time.
Learned Public Prosecutor has opposed the bail
application(s).
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 petitioner(s) under Section
439 Cr.P.C.
Accordingly, this/these bail application(s) filed under
Section 439 Cr.P.C. is/are allowed and it is directed that
petitioner(s) - Manish Kumar @ Bhoota Ram S/o Mata
Ram Ji shall be released on bail in connection with FIR
No.288/2020 of Police Station Bhinmal, District Jalore
provided he/she/they execute(s) a personal bond in the
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/her/their 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
19 - ms rathore
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