Bharat Bhushan vs State Of Rajasthan
2021 Latest Caselaw 9343 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous II Bail Application No. 3488/2021

Bharat Bhushan S/o Vaidhnath, Aged About 37 Years, Antyoday

Nagar, House No. A-102, P.s. Naya Shahar, District Bikaner

(Raj.). (At Present Lodged In Central Jail Bikaner).

----Petitioner Versus

State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s) : Mr. Roshan Lal (through VC)

For Respondent(s) : Mr. Shrawan Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

04/05/2021

Heard learned counsel for the parties and perused

the material available on record.

The petitioner(s) has/have been arrested in FIR

No.252/2020 of Police Station Naya Shahar, Distt.

Bikaner for the offence(s) punishable under Section(s)

376(2)(N), 376(3), 354 IPC and Section 5/6, 7/8 of the

POCSO Act. He/she/they has/have preferred this/these

second bail application(s) under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that

allegation of sexually assaulting the complainant and her

two minor daughters, levelled against the petitioner, is

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absolutely false. It is submitted that the complainant and

her minor daughters used to do labour in the packing

industry of the petitioner, however, on account of some

dispute regarding payment of wages, this false complaint

of sexually assaulting the complainant and her minor

daughters has been filed against the petitioner. It is

submitted that the complainant and her minor daughters,

in their statements, have stated that the petitioner

clicked some nude photos and has also made some

obscene videos of them but from the charge-sheet, it is

clear that no such nude photos or obscene videos have

been recovered by the police and the charge-sheet has

also not been filed against the petitioner for the said

offences. It is further submitted that the petitioner is in custody since long 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 second bail application(s)

filed under Section 439 Cr.P.C. is/are allowed and it is

directed that petitioner(s) - Bharat Bhushan S/o

Vaidhnath shall be released on bail in connection with FIR

No.252/2020 of Police Station Naya Shahar, Distt.

Bikaner provided he/she/they execute(s) a personal bond

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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

11-msrathore/-

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