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2019 DIGILAW 1291 (RAJ)

Chhotu Singh S/o Azba Ram v. State Of Rajasthan

2019-05-01

VIJAY BISHNOI

body2019
JUDGMENT : 1. Heard learned counsel for the petitioner as well as learned Public Prosecutor assisted by learned counsel for the complainant and also perused the material on record. 2. The petitioner has been arrested in FIR No.79/2019 of Police Station Ratanada, District Jodhpur for the offences punishable under Sections 313, 506 and 376 IPC and Section 3/4 of POCSO Act. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is argued that as a matter of fact the petitioner and the prosecutrix are residents of same village and are neighbors. It is further submitted that both of them are known to each other for quite some time and love to each other. It is submitted that the prosecutrix wanted to marry with the petitioner, however, when her family members refused to marry her with the petitioner, she tried to commit suicide but was saved by her family members and later on, under the pressure of her family members, she has levelled allegation of sexual assault against the petitioner. Learned counsel for the petitioner has submitted that the allegations of getting the pregnancy of prosecutrix terminated and preparing objectionable video clip of prosecutrix levelled in the FIR are not true. It is also submitted that the petitioner has been arrested; he is in judicial custody since his arrest and, therefore, no interrogation is required from him. 4. Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application, and argued that the prosecutrix is minor and the petitioner sexually assaulted her on several occasions and also forced her to take some medicine for aborting her unwanted child. It is further submitted that taking into consideration the above facts and circumstances of the case, the petitioner is not entitled to be enlarged on bail. 5. It is further submitted that taking into consideration the above facts and circumstances of the case, the petitioner is not entitled to be enlarged on bail. 5. Having regard to the totality of the facts and circumstances of the case and after perusing the case diary it is noticed that during the course of investigation, the police collected the alleged love letters written by the prosecutrix to the petitioner, wherein she has desired to marry with the petitioner and the allegation of making objectionable video clips of prosecutrix and forcing her to abort unwanted child against the petitioner are not found proved during the course of investigation, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. 6. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Chhotu Singh S/o Azba Ram shall be released on bail in connection with FIR No.79/2019 of Police Station Ratanada, District Jodhpur provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of 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.