Ramesh Singh vs State Of Rajasthan
2021 Latest Caselaw 9345 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous II Bail Application No. 3985/2021

Ramesh Singh S/o Sh. Gehar Singh Rajput, Aged About 20 Years, R/o Kunwariya, P.s. Kelwa, Dist. Rajsamand. (At Present Lodged In District Jail, Rajsamand).

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

----Respondent

For Petitioner(s) : Mr. JVS Deora (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.40/2021 of Police Station Kelwa, Distt. Rajsamand for

the offence(s) punishable under Section(s) 452, 354, 376

IPC and Section 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

the petitioner has falsely been implicated in this case. It

is argued that the petitioner was in relation with the niece

of the complainant, who was minor and when the

petitioner went to her house to meet her, the complainant

and other relatives saw him and tried to caught hold of

him and due to panic, the petitioner locked himself in a

room, and thereafter the police arrested him. It is further

(2 of 2) [CRLMB-3985/2021]

submitted that though the complainant in the FIR as well

as the police statements has not levelled allegation of

rape against the petitioner, however later on, in her

statements recorded under Section 164 Cr.P.C., she has

levelled false allegations against the petitioner. 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 second bail application(s)

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

directed that petitioner(s) - Ramesh Singh S/o Sh. Gehar

Singh Rajput shall be released on bail in connection with

FIR No.40/2021 of Police Station Kelwa, Distt. Rajsamand

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

13-msrathore/-

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