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2019 DIGILAW 3049 (RAJ)

Rakesh @ Ramesh v. State of Rajasthan

2019-12-17

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.123/2019 of Police Station Dowda District Dungarpur for the offences punishable under Sections 366, 376(3) IPC and Section 5/6 of Protection of Children From Sexual Offences Act, 2012. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that there is a delay of sixteen days in filing the FIR against the petitioner. It is submitted that father of the prosecutrix PW-2 in his court statements has not offered any explanation for the said delay. It is also submitted that the prosecutrix PW-1 in her statements has stated that she went with the petitioner for the purpose of earning livelihood as labour in Ahemdabad on her asking. It is submitted that from the above, it can be gathered that the prosecutrix went with the petitioner as per her own free will. It is further submitted that the allegation of sexual assault against the petitioner is false and the same is not supported by the medical opinion. It is also submitted that though some of the statements of the prosecution witnesses have been recorded but trial of the case will take time. 4. Learned Public Prosecutor has opposed the bail application. 5. Having regard to the totality of the facts and circumstances of the case and keeping in view the fact that statements of prosecturix PW-1 and her parents have been recorded before the trial court, 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 Rakesh @ Ramesh S/o Hakra Lal Katara Meena shall be released on bail in connection with FIR No.123/2019 of Police Station Dowda District Dungarpur 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.