Allowed

Ramesh Singh @ Khuman Singh v. State of Rajasthan

Rajasthan HC9 Mar 2023CRLMB/13370/2022

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C. for offences under IPC and POCSO Act, the High Court, without expressing an opinion on merits, deemed it just and proper to grant bail to the petitioner upon executing a personal bond with sureties pending trial conclusion. Case: [2023/RJJD/006416].

What did the court decide?

Bail granted; directed to be released on personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each pending trial.

Ramesh Singh @ Khuman Singh Vs State of… — Child Sexual Offences (POCSO) | Rajasthan HC (2023)

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[2023/RJJD/006416]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous II Bail Application No. 13370/2022

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Ramesh Singh @ Khuman Singh, Aged About 20 Years, R/o Dhok, Police Station Chouhtan, District Barmer. (At Present Lodged In District Jail, Barmer)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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Ganesh Singh S/o Padam Singh Rajpurohit, R/o Dhok, Police Station Chouhtan, District Barmer.

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----Respondents

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Petitioner’s Brother - Self : Mr. Surtan Singh For Respondent(s) : Mr. B. R. Bishnoi, PP

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HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

09/03/2023

Heard.

The petitioner has been arrested in FIR No.301/2020 of Police Station Chouhtan, District Barmer for the offences punishable under Sections 447, 354, 354([k), 376(3), 376(2)(n) IPC and Section 5(l)/6 of POCSO Act, 2012. He has preferred this second bail application under Section 439 Cr.P.C.

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Mr. Surtan Singh, petitioner’s brother, present in person, has submitted that the petitioner has falsely been implicated in the case. It is also submitted that there is a delay of around one month in filing the complaint against the petitioner. He has invited my attention towards the statement of prosecutrix recorded as P.W.-1 and argued that from her statement, it is clear that the

[2023/RJJD/006416]

[CRLMB-13370/2022]

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complaint has been filed against the petitioner due to some previous enmity between the families. It is further submitted that the petitioner is in custody since 26.09.2020 and even after more than two years, the trial against him has not been concluded, therefore, he may be enlarged on bail.

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Learned Public Prosecutor has opposed the bail application.

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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.

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Accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Ramesh Singh @ Khuman Singh shall be released on bail in connection with FIR No.301/2020 of Police Station Chouhtan, 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.

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(VIJAY BISHNOI),J

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69-AjaySingh/-

Ramesh Singh @ Khuman Singh v. State of Rajasthan

Case brief

What is this about?

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Ramesh Singh @ Khuman Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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