The High Court of Rajasthan at Jodhpur allowed a third bail application filed by Jamtaram, arrested under IPC and POCSO provisions, granting bail upon execution of a personal bond with sureties after opposing counsel vehemently resisted the plea.
Accused petitioner Jamtaram to be released on bail upon executing a personal bond of Rs. 1,00,000/-.
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[2023/RJJD/013484]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2012/2023
Jamtaram S/o Sh. Mangaram, Aged About 31 Years, R/o Jaisawas, P.s. Bagoda, Dist. Jalore (Raj.). (At Present Lodged In Dist. Jail, Jalore).
----Petitioner
| Versus |
|---|
----Respondents
| For Petitioner(s) | : | Mr. G.J. Gupta |
|---|---|---|
| For Respondent(s) | : | Ms Anita Gehlot, PP |
| Mr. Shrawan Kumar Sainee, for | ||
| respondent No.2 |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
04/05/2023
The petitioner has been arrested in connection with FIR No.30/2022 of Police Station Bagoda, District Jalore for the offence punishable under Sections 354-D, 506, 376(2)(N) of IPC and Sections 3/4, 5(L)(J)(II)/6 of POCSO Act. He has preferred this third bail application under Section 439 Cr.P.C. The second bail application was dismissed by this Court vide order dated 24.11.2022.
Counsel for the petitioner submits that now the prosecution witnesses have been examined before the trial Court and there are material contradictions, improvements and omission in their statements. The accused-petitioner is in judicial custody since 08.03.2022 and the trial of the case will take sufficient long time
[2023/RJJD/013484]
[CRLMB-2012/2023]
(2 of 2)
to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor and counsel for the complainant 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, the third bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Jamtaram S/o Shri Mangaram, shall be released on bail in connection with FIR No.30/2022 of Police Station Bagoda, Distt. Jalore provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- 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.
(MANOJ KUMAR GARG),J
90-Ishan/-
1 issue framed by the court
Whether bail should be granted to the accused under Section 439 Cr.P.C. given the length of trial and contradictions in prosecution statements.
1 provisions across 1 enactments
Jamtaram S/o Sh. Mangaram
State Of Rajasthan
Mangaram S/o Sh. Shankarji
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
