Research › Search › Judgment

Rajasthan High Court · body

2015 DIGILAW 385 (RAJ)

Ghewar Singh v. State of Rajasthan

2015-02-11

BANWARI LAL SHARMA

body2015
JUDGMENT 1. - The present 2nd Bail Application has been filed under Section 439 Criminal Procedure Code on behalf of the petitioner who is in custody in connection with F.I.R. No. 32/2013, Police Station Women (Mahila) District-Barmer for the offences under Sections 363, 366-A, 376-A, 376-D, 458, 450, 302 and 120-B Indian Penal Code and under Section 5-G/6 of Protection of Children from Sexual Offence Act. 2. Heard learned Counsel for the petitioner and learned Public Prosecutor. 3. Learned Counsel for the petitioner, while pressing this 2nd bail application, submits that the first bail application of the petitioner was dismissed as not pressed on 17.12.2013. He further submits that after that co-accused Sharwan Singh was released on bail by the Co-ordinate Bench of this Court, considering the fact that as per FSL report no semen was detected in the vaginal swab and vaginal smear of the deceased. Learned Counsel further submits that the present petitioner is not distinguishable than that of co-accused Sharwan Singh. He further submits that soon after the incident, father of deceased lodged a report Ex. D-4 before the Station House Officer, Police Station, Sadar, Barmer wherein, it was clearly stated that due to mental ailment, his daughter is missing since 30.3.2013 and the searched for her but he could not find her. Today i.e. 31.3.2013 her body was found near Kubar Mata Temple on the hill. Thereafter, Smt. Deo, the mother of deceased lodged an F.I.R. Ex. P-31 on 31.3.2013, stating therein that on 29.3.2013 in night about 3.00 A.M. her daughter was kidnapped by petitioner along with 4-5 persons. Still no report was lodged till 30.3.2013. He further submits that after arrest, one mobile phone said to have been recovered at the instance of petitioner for which father of deceased deposed that deceased was not keeping any mobile phone, therefore, no discovery was made at the instance of petitioner accused to connect the petitioner with alleged offences. He further submitted that the petitioner-accused is in custody since 1.4.2013, therefore, he prayed that the bail application of the petitioner may be allowed. 4. Per contra, the learned Public Prosecutor and Mr. Sukesh Bhati, learned Counsel for the complainant opposed the bail application and submit that Ex. He further submitted that the petitioner-accused is in custody since 1.4.2013, therefore, he prayed that the bail application of the petitioner may be allowed. 4. Per contra, the learned Public Prosecutor and Mr. Sukesh Bhati, learned Counsel for the complainant opposed the bail application and submit that Ex. D-4 was submitted by the father of deceased with Shri Narsing, who is uncle of petitioner He further submits that after the incident, the father and uncle of the petitioner approached to the parents of deceased and offered that they will constructed their house and the matter may not be reported to the police as Ghewar Singh has murdered their daughter. They submitted that there are serious allegations against the present petitioner, therefore, his bail application may be dismissed. He further submitted that 19 witnesses have already been examined and the trial is at fake end, therefore, at this stage, the bail application should not be allowed. 5. I have considered the submissions made by learned Public Prosecutor and the learned Counsel for both the parties. 6. Since, co-accused Sharwan Singh has already been released on bail by the Co-ordinate Bench of this Court on the ground that he was not named in the F.I.R. and no semen was detected in the vaginal swab and vaginal smear of the deceased. 7. So far as present petitioner is concerned, though, he is named in the F.I.R. but without going into merits and demerits of the case and after considering the overall facts and circumstances of the present case, I deem it appropriate to allow this bail application which is hereby allowed. 8. It is ordered that the accused-petitioner Ghewar Singh S/o Shri Prahlad Singh rested in connection with F.I.R. No. 32/2013 of Police Station Women (Mahila), District-Barmer shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- and two surety bonds of Rs. 25,000/- each to the satisfaction of the learned Trial Court with the stipulation to appear before the Court on all dates of hearing and as and when called upon to do so.Bail Application Allowed. *******