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2019 DIGILAW 3019 (RAJ)

Ram Swaroop Dholi v. State

2019-12-16

VIJAY BISHNOI

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JUDGMENT Vijay Bishnoi, J. - Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record. 2. The petitioner has been arrested in FIR No.235/2019 of Police Station JNVC, District Bikaner for the offences punishable under Sections 376(2)(N), 384, 323 of IPC. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that allegation against the petitioner of sexual assault levelled by the prosecutrix is absolutely false. It is submitted that the prosecutrix is major lady of 23 years and she was in consensual relationship with the petitioner from quiet some time. It is submitted that the prosecutrix has levelled allegation that the petitioner threatened her to make her intimate video viral but no such video has been recovered by the police. It is submitted that the prosecutrix in her complaint as well as statements has specifically stated that petitioner has pressurized her to get her pregnancy terminated but the prosecutrix has refused to get her pregnancy terminated during the course of investigation and the police have not filed any charge-sheet against the petitioner for the said offences. 4. Learned Public Prosecutor has 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 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 Ram Swaroop Dholi S/o Jetha Ram shall be released on bail in connection with FIR No.235/2019 of Police Station JNVC, District Bikaner 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.