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2019 DIGILAW 2731 (RAJ)

Dhala Ram v. State of Rajasthan

2019-10-22

VIJAY BISHNOI

body2019
JUDGMENT Vijay Bishnoi, J. - 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.138/2019 of Police Station Rohat, District Pali for the offences punishable under Sections 363, 366-A, 376(2)(n), 376(3) and 450/120-B IPC and Section 5(L)/6 of POCSO Act,2012. He has preferred this second bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that the allegation against the petitioner of sexual assault is absolutely false. It is argued that the prosecutrix eloped with the petitioner on 23.05.2019 and thereafter she was recovered by the police and her statements were recorded on 18.06.2019, wherein she has specifically stated that her age is 17 to 18 years and she eloped with the petitioner and went to Tripura and thereafter Bengaluru as per her own free will. It is submitted that the statements of the prosecutrix were recorded under Section 164 Cr.P.C. on 27.06.2019, wherein she has again specifically stated that she eloped with the petitioner as per her own free will and lived with him at various places as his wife. It is submitted that the police have filed charge-sheet against the petitioner illegally, therefore, the petitioner is entitled to be enlarged on bail. 4. Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application. Learned counsel for the complainant has submitted that on 25.06.2019, the prosecutrix appeared before the Division Bench of this Court in D.B. Habeas Corpus Petition No.118/2019 (Bala Ram Vs. State & Ors.), filed on behalf of her father, and made a statement that the petitioner sexually assaulted her and impregnated her and the Division Bench of this Court vide judgment dated 25.06.2019, after taking into considerations the said statements of the prosecutrix, directed the police to take appropriate stapes to prosecute the petitioner. It is, therefore, submitted that in view of the above fact the petitioner is not entitled to be enlarged on bail. 5. Heard learned counsel for the parties. 6. It is true that the Division Bench of this Court vide judgment dated 25.06.2019 passed in D.B. Habeas Corpus Petition No.118/2019 (Bala Ram Vs. It is, therefore, submitted that in view of the above fact the petitioner is not entitled to be enlarged on bail. 5. Heard learned counsel for the parties. 6. It is true that the Division Bench of this Court vide judgment dated 25.06.2019 passed in D.B. Habeas Corpus Petition No.118/2019 (Bala Ram Vs. State & Ors.) has taken into consideration the statements of the prosecutrix made before it that the petitioner sexually assaulted her and impregnated her, directed the police to take appropriate states to prosecute the petitioner, however, thereafter the prosecutrix appeared before the concerned Magistrate on 27.06.2019 and her statements were recorded under Section 164 Cr.P.C., wherein she has specifically stated that she went with the petitioner as per her own free will and lived with him as his wife at various places. 7. 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 petitioner under Section 439 Cr.P.C. 8. Accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Dhala Ram S/o Achla Ram shall be released on bail in connection with FIR No.138/2019 of Police Station Rohat, District Pali 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.