Goga Ram vs State Of Rajasthan
2022 Latest Caselaw 6591 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4349/2022

Goga Ram S/o Ridmal Ram, Aged About 26 Years, R/o Kaprau Ps Chouhtan Distt. Barmer (At Present Lodged In Distt. Jail Barmer)

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

----Respondent

For Petitioner(s) : Mr. RJ Punia For Respondent(s) : Mr. Anda Ram Choudhary, PP

HON'BLE MR. JUSTICE FARJAND ALI

Judgment / Order

06/05/2022

The present bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner, who is in judicial custody in

connection with F.I.R. No.53/2022, Police Station Chouhtan,

District Barmer, registered for the offence under Sections 450,

376, 384 of IPC.

For want of the case diary, this court vide order dated

08.04.2022 directed to call for the case diary, thereafter, the

matter got adjourned on 19.04.2022 & 20.04.2022. The matter

was again listed on 28.04.2022 and on that date the learned

public prosecutor was again directed to call for the case diary. It is

further stated that, earlier the case diary has been received but

sent back because the matter could not be taken up. I have

minutely gone through the contents of the FIR. The prosecutrix is

a grown up married lady and she stated in the FIR that prior to

one year of incident; the accused took her photographs when she

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was taking bath and on the next day he entered in her house and

established forceful physical relationship with her. She was

threatened that if she would tell the incident to anyone, she would

have to face dire consequences of it as the accused will viral

obscene photographs. It is stated that on the same pretext she

had been continuously subject to rape.

On the contrary, learned Public Prosecutor opposed the bail

application of the accused-petitioner.

This Court refrain from passing any observation regarding

the credibility of the statement, however looking to the totality of

the facts and circumstances and deem it appropriate to allow the

bail application of the accused petitioner.

Consequently, the bail application is allowed. It is ordered

that the accused-petitioner-Goga Ram S/o Ridmal Ram, arrested

in connection with F.I.R. No.53/2022, Police Station Chouhtan,

District Barmer, shall be released on bail, provided he furnishes a

personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two

sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each to

the satisfaction of the 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.

(FARJAND ALI),J 59-nidhi/-

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