Allowed

Bagda Ram v. State of Rajasthan

Rajasthan HC20 Nov 2018CRLMB/10480/2018

Case brief

AI extract

What is this about?

The High Court allowed the second bail application of the accused under Section 439 Cr.P.C. regarding offences under Sections 376 and 506 IPC. Court cited delay and incongruities in the prosecutrix's statements and slow trial progress as substantial changes justifying release.

What did the court decide?

Petitioner to be released on personal bond of Rs.50,000/- with two sureties to the satisfaction of the trial Court.

Bagda Ram Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. Bail No. 10480/2018

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Bagda Ram S/o Sh. Dhanna Ramji, Aged About 53 Years, B/c Meghwal, Sindru, Tehsil Sumerpur, Distt. Pali (Raj) (Lodged In Sub Jail Bali)

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----Petitioner

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Versus

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State of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Mr. Pradeep Shah. For Respondent(s) : Mr. K.V. Vyas, Public Prosecutor. Mr. Farzand Ali.

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HON'BLE MR. JUSTICE P.K. LOHRA

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Order

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20/11/2018

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Accused-petitioner has laid this second bail application under Section 439 Cr.P.C. arising out of FIR No.90/2017, registered at Police Station Sanderao, District Pali for offence punishable under Sections 376 & 506 IPC. Police after investigation submitted charge-sheet in the matter for the aforesaid offences against the petitioner and subsequently case was committed to the Court of Sessions. At present, trial in Sessions Case No.20/2017 is under progress before Additional Sessions Judge, Sumerpur, District Pali.

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On behalf of petitioner, first bail application bearing No.9780/2017 was filed, which was dismissed on 09.11.2017 as not pressed with liberty to apply afresh after recording of statements of prosecutrix.

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(2 of 3)

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[CRLMB-10480/2018]

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Arguing on this second bail application, it is submitted by learned counsel, Mr. Shah, that during trial statements of prosecutrix have now been recorded. It is also submitted by learned counsel that a cumulative reading of the statements of prosecutrix make it abundantly clear that she has not been able to explain delay of two and half months in lodging FIR in the matter. It is also argued by learned counsel that some of the statements of the prosecutrix are incongruous, and therefore, not inspiring confidence. It is also argued by learned counsel that petitioner is in custody since 18.08.2017 and so far only one witness is examined in trial, and therefore, completion of trial is not in offing is yet another significant fact for favourable consideration of the bail plea of petitioner.

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Mr. K.V. Vyas, learned Public Prosecutor, and Mr. Farzand Ali, learned counsel for the complainant, have vehemently opposed the second bail application of petitioner.

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I have bestowed my consideration to the arguments advanced at Bar and also taken into consideration substantial change in the circumstances, which are forthcoming after recording statements of prosecutrix.

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Having regard to the facts and circumstances of the case, while refraining to make any comment on merits, I feel persuaded to accept this second bail application.

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(3 of 3)

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[CRLMB-10480/2018]

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Accordingly, this second bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner, Bagda Ram S/o Sh. Dhanna Ramji, arrested in connection with F.I.R. No.90/2017 of Police Station Sanderao, District Pali, may be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two sureties of like amount to the satisfaction of learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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Twinkle Singh/131

Bagda Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bagda Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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