Ramesh Choudhary vs State Of Rajasthan
2022 Latest Caselaw 14952 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR.

....

S.B. Criminal Misc. Bail Application No. 16052/2022.

Ramesh Choudhary S/o Sura Ram, Aged About 41 Years, R/o

Dhola Jagir, PS Sanderao, Pali.

(At Present Lodged Dist. Jail Pali).

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

----Respondent

For Petitioner(s) : Mr. Aidan Choudhary. For Respondent(s) : Mr. Mukhtiyar Khan, PP.

HON'BLE MR. JUSTICE FARJAND ALI

Judgment / Order

19/12/2022

1. The instant bail application has been filed under Section 439

Cr.P.C. on behalf of accused-petitioner Ramesh Choudhary S/o

Sura Ram. The petitioner has been arrested in connection with FIR

No. 0073/2022 registered at Police Station Sanderao, District Pali

for the offence under Section 376(2)(n) of the Indian Penal Code

and Section 5L read with Section 6, Section 5N read with Section

6 of the POCSO Act..

2. Learned counsel for the accused-petitioner submits that the

prosecutrix "J" has been examined in the trial as PW-3 and she is

not supporting the case of the prosecution and rather turned

hostile. Trial is likely to take long time to conclude. No fruitful

(2 of 2) [CRLMB-16052/2022]

purpose would be served by keeping the accused-petitioner

behind the bars till disposal of the case.

3. Per contra, learned Public Prosecutor has vehemently

opposed the bail application.

4. Considering the arguments advanced by the counsel for the

parties and looking to the overall facts and circumstances of the

case, without commenting on the merits/demerits of the case, this

court deems it just and proper to enlarge the accused-petitioner

on bail.

5. Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is ordered that the accused-petitioner named above

shall be enlarged on bail provided he furnishes a personal bond in

the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to

the satisfaction of the learned trial Judge for his appearance

before the court concerned on all the dates of hearing as and

when called upon to do so.

(FARJAND ALI),J 271-Mohan/-

Powered by TCPDF (www.tcpdf.org)