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2019 DIGILAW 795 (RAJ)

Laxman Ram v. State of Rajasthan

2019-03-08

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. 297/2018 of Police Station Dhorimanna, District Barmer for the offence punishable under Section 376 IPC. 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 alleged that the allegation of sexual assault against the petitioner is false. It is also submitted that as a matter of fact when the prosecutrix approached the petitioner for some work at his rented accommodation, the petitioner asked her to sit in the room, however, the neighbours saw this, then they immediately gathered there and locked the room from outside and thereafter called the police. It is submitted that the police immediately reached there and rescued the petitioner and the prosecutrix from mob and took them to the police station and thereafter the police detained the petitioner under Section 151 Cr.P.C. It is further submitted that at that time the prosecutrix had specifically stated to the police that she approached the petitioner for some work and the neighbours locked the room of the petitioner and the petitioner did nothing wrong with her. It is submitted that when the father and the other relatives of the prosecutrix reached the police station they found the neighbours there and when they saw the prosecutrix with the petitioner then they lodged this false FIR. It is argued that in the FIR, it is specifically alleged that the petitioner and one Ramnarayan sexually assaulted the prosecutrix but later on, the prosecutrix, her father and other witnesses have exonerated Ramnarayan from the allegation of sexual assault and simply said that he caught her hand in the room thereafter locked the room from the outside. Learned counsel for the petitioner has submitted that the prosecutrix is major and whatever the relations between her and the petitioner, the same were consensual. 4. Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application. 5. Learned counsel for the petitioner has submitted that the prosecutrix is major and whatever the relations between her and the petitioner, the same were consensual. 4. Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application. 5. Having regard to the totality of the facts and circumstances of the case and after carefully scrutinizing the case diary, 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 - Laxman Ram S/o Phusa Ram shall be released on bail in connection with FIR No. 297/2018 of Police Station Dhorimanna, District Barmer 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.