Shobha Ram vs State
2021 Latest Caselaw 8525 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3741/2021

Shobha Ram S/o Lt. Sh. Gudadh Ram, Aged About 22 Years, R/o Chhokidaro Ka Bas, Chirdhani, Police Station Piparshahar, Dist. Jodhpur Rural. (At Present Lodged In Central Jail, Jodhpur).

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Rajender Kumar Soni For Respondent(s) : Mr. Shrawan Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

26/03/2021

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.578/2020 of

Police Station Bilara District Jodhpur for the offences punishable

under Sections 363, 366-A, 376(2)(N) IPC and Section 5(L)/6 of

POCSO Act, 2012. 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 submitted that during the course of police

investigation, statements of proseuctrix have been recorded under

Section 164 CrPC wherein, she has specifically stated that the

(2 of 2) [CRLMB-3741/2021]

petitioner has not abducted her and she went with the petitioner

as per her own free will.

Learned Public Prosecutor has opposed the bail application.

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 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 Shobha Ram S/o

Lt. Sh. Gudadh Ram shall be released on bail in connection with

FIR No.578/2020 of Police Station Bilara 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/39-

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