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2019 DIGILAW 2538 (RAJ)

Rewant Ram v. State of Rajasthan

2019-09-19

VIJAY BISHNOI

body2019
JUDGMENT Vijay Bishnoi, J. - Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record. 2. The petitioners have been arrested in FIR No.109/2019 of Police Station Panchu, Bikaner for the offences punishable under Sections 450, 363, 366, 366A, 376(D), 376(2)(I), 120-B of IPC and section 5(G)/6 of Protection of Children from Sexual Offences Act, 2012. They have preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioners has submitted that the complainant in his complaint has alleged that incident is of the night of 25.07.2019, however, the complaint in this regard was lodged on 27.07.2019 at 1.35 P.M. It is submitted that statements of minor daughter of the prosecutrix were recorded by the police on 29.07.2019, in which she has not levelled allegation of sexual assault against the petitioners but has simply stated that they took her forcibly to the agriculture farm of one Ishar Singh. It is submitted that later on, statements of the minor daughter of the prosecutrix were recorded under Section 164 Cr.P.C. on 01.08.2019, wherein she has specifically stated that she levelled allegation of sexual assault against the petitioners under pressure of her family members. It is submitted that as a matter of fact, minor daughter of the prosecutrix is in relation with the petitioner Rewant Ram and on her call, when the petitioners went to meet her near her house, complainant and other family members saw them and they tried to catch hold of the petitioners but they ran away from there leaving their motorcycle at spot, then after several hours, this false FIR regarding sexual assault and abduction was filed. It is further submitted that charge-sheet has been filed in the matter. 4. Learned Public Prosecutor as well as counsel for the complainant have opposed the bail application. 5. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C. 6. 4. Learned Public Prosecutor as well as counsel for the complainant have opposed the bail application. 5. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners 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 petitioners Rewant Ram S/o Purkha Ram and Rekha Ram S/o Gorkha Ram shall be released on bail in connection with FIR No.109/2019 of Police Station Panchu, Bikaner provided each of them 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.