Allowed

Smt. Ratni Devi W/O Shri Bhomaram v. State of Rajasthan

Rajasthan HC6 May 2020CRLMB/3932/2020

Case brief

AI extract

What is this about?

This is a bail application where the petitioner, a female accused in POCSO and IT Act cases, was in custody since February 2020. The High Court, observing the discriminatory nature of prolonged custody for a woman without passing judgment on merits, released her on bail with a personal bond.

What did the court decide?

Petitioner released on bail providing personal bond of Rs.25,000/- with one surety on appearance before the Court.

Smt. Ratni Devi W/O Shri Bhomaram Vs State… — Child Sexual Offences (POCSO) | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 3932/2020

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Smt. Ratni Devi W/o Shri Bhomaram, Aged About 27 Year, R/o Khileriya Ki Dhani Paldi Bhopattan Pplice Station Ropangarh Ajmer Dist. Ajmer (Presently Confined In Central Jail Ajmer)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent For Petitioner(s) : Mr. Vipin Sharma, Adv. (on Video Conferencing) For Respondent(s) : Mr. Fateh Ram Meena, Public Prosecutor.

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HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

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Order

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06/05/2020

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Heard learned counsel for the petitioner as well as learned Public Prosecutor.

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Learned counsel for the petitioner argued that the petitioner has no role whatsoever in commission of crime of rape as alleged by the Police and further she has not committed any offence under the POCSO Act and Section 67 B of I.T. Act. Learned counsel submitted that the alleged incident of committing rape had taken place on different dates i.e. on 15.02.2019, 18.03.2019 and 14.01.2020 and FIR was lodged on 18.02.2020. Counsel for the petitioner submitted that the petitioner is lady and she is in custody since 20.02.2020.

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Learned counsel further submitted that different disputes are already pending between the family members of the complainant

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(2 of 2)

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[CRLMB-3932/2020]

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and the accused in different courts. Counsel submitted that the petitioner has falsely been implicated in the case.

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Learned Public Prosecutor has opposed the bail application.

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Considering the fact that the petitioner being lady and in the custody since 20.02.2020, without expressing any opinion on the merits of the case, this Court deems it just and proper to release the petitioner on bail.

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Accordingly, the present bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Smt. Ratni Devi W/o Shri Bhomaram, shall be released on bail in connection with FIR No.27/2020, registered at Police Station Rupangarh, District Ajmer, provided she furnishes a personal bond in the sum of Rs.25,000/- with one surety of alike amount to the satisfaction of the learned trial Judge for her appearance before the Court concerned on all the dates of hearing and as and when called upon to do so.

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(ASHOK KUMAR GAUR),J

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Ramesh Vaishnav/86/Himanshu Soni

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Smt. Ratni Devi W/O Shri Bhomaram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Smt. Ratni Devi W/O Shri Bhomaram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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