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Rajasthan High Court · body

2019 DIGILAW 958 (RAJ)

Kesaram S/o Swaroop Ram v. State Of Rajasthan

2019-04-01

VIJAY BISHNOI

body2019
JUDGMENT : 1. Heard learned counsel for the parties and also perused the material on record. 2. The petitioners have been arrested in FIR No.120/2018 of Police Station Bagoda, Distt. Jalore for the offences punishable under Sections 143, 323, 342, 354 and 376/511 IPC. They have preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioners has submitted that in the FIR, the complainant has alleged that the petitioners along with other persons attempted to commit rape upon her and had also taken away Rs.5000/- from Kesaram. It is submitted that after thorough investigation, the police found the allegations of attempt to commit rape and theft as false. Learned counsel for the petitioners has further submitted that the petitioners have falsely been implicated in this case because the petitioners along with some other persons had seen the complainant and Kesaram in a compromising position and when they followed them, they protested and on account of that, the petitioners along with other persons had stopped and slaped them but did not commit rape upon the complainant. It is also submitted that the petitioners are in judicial custody and investigation from them has already been completed. 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 going through the latest factual report prepared by the Dy.S.P., Bhinmal wherein, it is mentioned that the offences punishable under Sections 143, 342, 323, 354 IPC and Section 67 of the I.T. Act are prima facie proved against the petitioners, 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 – Kesaram S/o Swaroop Ram and Mukesh Kumar S/o Prabhu Ram shall be released on bail in connection with FIR No.120/2018 of Police Station Bagoda, Distt. Jalore provided each of them executes a personal bond in the 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/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.