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2012 DIGILAW 2265 (RAJ)

Ram Singh v. State of Rajasthan

2012-12-06

SANDEEP MEHTA

body2012
JUDGMENT 1. - The present bail application has been filed under Section 438 Cr.P.C. The petitioner apprehend his arrest in connection with F.I.R. No. 237/2012, registered at Police Station Nohar for the offences under Sections 363, 366, 342 and 376, I.P.C. 2. Learned counsel for petitioner submits that in this case, upon the initial missing persons report filed by the husband of the prosecutrix, the prosecutrix Mst. 'M' was recovered and she was examined on 25.5.2012. The prosecutrix Mst. M in her statement did not level any allegation against anybody, rather stated that she herself went away to her relatives house. Thereafter, belatedly the F.I.R. was filed on 31.5.2012. In the said F.I.R. also, the principal allegation was against co-accused Viju son of Surja Ram, against whom, the prosecutrix alleged that he induced her by giving a false promise of getting her a Government job and then committed rape with her repeatedly. Learned counsel submits that in the said F.I.R., there is no allegation whatsoever against the petitioner Ram Singh. He further submits that thereafter the prosecutrix was examined under Section 164 Cr.P.C. and in the said statement, she has made no allegation against petitioner Ram Singh. Learned counsel submits that Viju alias Vijay Kumar has been granted pre-arrest bail by the order of this Court dated 17.8.2012 passed in S.B. Criminal Misc. Bail Application No. 5134/2012, as such, the petitioner deserves to be granted bail. 3. Per contra, learned Public Prosecutor has vehemently opposed the bail application. 4. Having heard and considered the arguments advanced by learned counsel for the parties at the bar and upon perusal of the order impugned, this Court is of the opinion that the instant application for anticipatory bail filed on behalf of the petitioner deserves to be accepted. 5. The S.H.O./LO./Arresting Authority, Police Station Nohar in F.I.R. No. 237/2012 is directed that in the event of arrest of petitioner - Ram Singh, he shall be released on bail provided he furnishes a personal bond in the sum of Rs. 40,000/- with two sureties in the sum of Rs. 5. The S.H.O./LO./Arresting Authority, Police Station Nohar in F.I.R. No. 237/2012 is directed that in the event of arrest of petitioner - Ram Singh, he shall be released on bail provided he furnishes a personal bond in the sum of Rs. 40,000/- with two sureties in the sum of Rs. 20,000/- each to his satisfaction on the following conditions: (i) that the petitioner(s) shall make himself/herself/themselves available for interrogation by a police as and when required; (ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him form disclosing such facts to the Court or any police officer; and (iii) that the petitioner(s) shall not leave India without previous permission of the Court. Application allowed. *******