HC at Jodhpur granted bail to Sita Ram arrested under IPC 450, 376(2)(N), and 506. Court directed release on personal bond with sureties pending trial.
Petitioner released on bail on personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 10639/2019
Sita Ram S/o Anna Ram @ Uma Ram, Aged About 26 Years, B/c Jat, R/o Behind Choudhary Dharamkanta, Bangla Nagar, Bikaner. (At Present Lodged In Central Jail, Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. RS Choudhary For Respondent(s) : Mr. Vikram Sharma, PP Mr. Anil Vyas, for the complainant.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
06/09/2019
Heard learned counsel for the parties and also perused the material on record.
The petitioner has been arrested in FIR No.409/2019 of Police Station Nayashahar District Bikaner for the offences punishable under Sections 450, 376(2)(N), 506 IPC. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that the allegation against the petitioner of sexual assault is false. It is argued that there is delay of around three years in filing the complaint against the petitioner. It is submitted that the prosecutrix is major married lady and she has levelled allegation of sexual assault against the petitioner on account of enmity between the family of the petitioner and her. It is further
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[CRLMB-10639/2019]
submitted that charge-sheet has been filed and trial of the case will take time.
Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application.
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.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Sita Ram S/o Anna Ram @ Uma Ram shall be released on bail in connection with FIR No.409/2019 of Police Station Nayashahar 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.
(VIJAY BISHNOI),J
Surabhii/39-
1 issue framed by the court
Whether bail should be granted to the accused under Section 439 Cr.P.C.
1 provisions across 1 enactments
Sita Ram
State Of Rajasthan
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
