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2017 DIGILAW 578 (RAJ)

Maga Ram son of Shri Moola Ram v. State of Rajasthan

2017-02-17

DEEPAK MAHESHWARI

body2017
ORDER : Heard learned counsel for the petitioner and learned Public Prosecutor as well as learned counsel appearing on behalf of the complainant. Perused the relevant record. 2. This bail application has been preferred by the petitioner under Section 438 Cr.P.C. in connection with FIR No. 35/2015 of Police Station Osia, Dist. Jodhpur registered for the offences under Sections 341, 323, 325 & 354 IPC. 3. Allegations leveled against the accused petitioner is that he out raged the modesty of Smt. Santu by snatching away her Orna and also caused injuries to her. 4. Learned counsel for the petitioner submits that petitioner Magaram was on his duty with 4th Rajasthan Rifles in some border area in Jammu & Kashmir. In support of argument, letter written by Major 4th Rajasthan Rifles has also been produced. The petitioner is being involved in this matter on the basis of the location of mobile phone shown near Meena Ki Dhani, Chirai. But in this regard letter dated 29th December, 2016 has been referred written by Major, 4th Rajasthan Rifles stating that petitioner Maga Ram left his mobile phone while returning back to his duties from his home and the mobile was handed over by his brother Mohan Ram to one Surendra Singh who has handed over it back to Maga Ram. He submits that the petitioner has been falsely implicated in the matter. No incriminating evidence has been collected against him as yet during investigation. There is no possibility of the petitioner to flee from justice. He is ready to cooperate in the investigation. 5. Learned Public Prosecutor and learned counsel for the complainant opposed the bail application. 6. Having considered the rival contentions made at Bar and all the relevant facts, including the nature and gravity of the accusation, antecedents of the petitioner and the evidence collected so far during the investigation, without expressing any opinion on the merits of the case, this Court is inclined to allow this bail application. 7. Accordingly, this bail application is allowed and it is ordered that in the event of arrest of petitioner Maga Ram S/o Shri Moola Ram in connection with F.I.R. No. 35/2015 Police Station Osia, Dist. Jodhpur the petitioner shall be released on bail; provided he furnishes a personal bond in the sum of Rs. 30,000/- along with two sureties of Rs. Accordingly, this bail application is allowed and it is ordered that in the event of arrest of petitioner Maga Ram S/o Shri Moola Ram in connection with F.I.R. No. 35/2015 Police Station Osia, Dist. Jodhpur the petitioner shall be released on bail; provided he furnishes a personal bond in the sum of Rs. 30,000/- along with two sureties of Rs. 15,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions:- (i) that the petitioner shall make himself available for interrogation by a police officer 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 from disclosing such facts to the court or any police officer; and (iii) that the petitioner shall not leave India without previous permission of the court.