Ramniwas S/O Vishram vs State Of Rajasthan ...
2023 Latest Caselaw 6058 Raj/2

[2023:RJ-JP:29479]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

   S.B. Criminal Miscellaneous Bail Application No.
                            11960/2023

Ramniwas S/o Vishram, R/o Harsana, Police Station
Laxmangarh,          District     Alwar      (Raj.)      (At   Present
Petitioner Confined At Central Jail Alwar)
                                                         ----Petitioner
                                Versus
1. State Of Rajasthan, Through Pp
                                                     ----Respondent

2. Victim D/o Mahendra Bairwa C/o Bhagwan Sahay Bairwa, aged about 13 years, Resident of Village Alaie, Rajgarh, Alwar (Raj.)

----Victim-Respondent

For Petitioner(s) : Mr. Arvind Sharma, Adv.

For                      : Mr. Ganesh Saini, P.P.
Respondent(s)

HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order

16/10/2023

This bail application has been filed by the

petitioner under Section 439 Cr.P.C. seeking regular

bail in FIR No.444/2023 registered at Police Station

Rajgarh, District Alwar for the offence(s) under

Section(s) 354-D of IPC and under Section(s) 11/12

of POCSO Act.

Learned counsel for the petitioner submits that

the accused-petitioner is innocent and he has been

falsely implicated in this case. He further submits

[2023:RJ-JP:29479] (2 of 3) [CRLMB-11960/2023]

that the accused-petitioner has been in judicial

custody since long and the conclusion of the trial will

take long time, hence the petitioner may be enlarged

on bail.

Learned Public Prosecutor appearing for the

State has opposed the bail application.

Learned Public Prosecutor has submitted the

report wherein, it has been mentioned that

victim/complainant(s) has been informed. The same

is taken on record. Despite that, no one is present on

behalf of the victim/complainant(s). Thus, service is

treated as complete.

Taking into consideration the overall facts and

circumstances of the case, but without expressing

any opinion on the merits and demerits of the case,

this Court deems it just and proper to enlarge the

petitioner on bail.

Accordingly, the bail application filed under

Section 439 Cr.P.C. is allowed and it is ordered that

accused-petitioner Ramniwas S/o Vishram shall be

released on bail, provided he furnishes a personal

bond in the sum of Rs.1,00,000/- with two sureties

of Rs.50,000/- each to the satisfaction of the trial

Court, with the stipulation that the petitioner shall

[2023:RJ-JP:29479] (3 of 3) [CRLMB-11960/2023]

appear before that Court on all subsequent dates of

hearing and as and when called upon to do so.

(UMA SHANKER VYAS),J

DANISH USMANI /71

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