Allowed

Raju Ram v. State of Rajasthan

Rajasthan HC2 May 2023CRLMB/2541/2023

Case brief

AI extract

What is this about?

The High Court allowed bail to the petitioner in a rape charge alleging false implication arising from a boundary dispute. The court noted lack of corroboration by neighbors and ordered bail despite judicial custody.

What did the court decide?

The petitioner was enlarged on bail on a personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each, for appearance before the trial court.

Raju Ram Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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[2023/RJJD/012884]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 2541/2023

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Raju Ram S/o Bhagu Ram, Aged About 21 Years, Binjharwali, P.s. Loonkaransar, Dist. Bikaner. (At Present Lodged In Central Jail, Bikaner).

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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.R.S.Choudhary.
For Respondent-State	: Mr.Mahipal Bishnoi,P.P.
For Complainant	: Mr.Shreekant Verma.

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HON'BLE MR. JUSTICE KULDEEP MATHUR Order

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02/05/2023

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This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.373/2022 registered at Police Station Loonkaransar, District Bikaner, for offences under Sections 376, 450, 323, 341 and 365 of IPC.

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Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel submitted that the prosecutrix is major married woman. It was submitted that the story narrated by the prosecutrix about the incident is highly improbable. Learned counsel submitted that it is not at all possible that the prosecutrix who is a matured women, while sleeping with her husband and children, could be forcibly taken away and subjected to rape. Learned counsel submitted that had the prosecutrix objected or opposed, force

[2023/RJJD/012884]

[CRLMB-2541/2023]

(2 of 3)

being used upon her by the present petitioner, her family members would have woken up. Learned counsel submitted that as a matter of fact, present petitioner is having boundary dispute with regard to the field ( khet ) with the family of the prosecutrix and on the date of incident, owing to aforesaid dispute, a quarrel between the parties erupted0 in which prosecutrix sustained minor injuries. The prosecutrix and her family members only with to rope the petitioner in a false case, have levelled allegation of rape against him. He thus, implored the Court to accept the application for bail.

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Learned Public Prosecutor vehemently opposed the application for bail.

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Heard.

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Having regard to facts and circumstances of the case, so also the fact that apart from the husband of the prosecutrix, no person residing in the neighbourhood of the prosecutrix in their statement under Section 161 have corroborated the prosecution story; the fact that the accused petitioner is in judicial custody and the trial of the case will take sufficiently time to be concluded; challan/charge sheet has already been submitted, this Court is inclined to enlarge the petitioner on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner- Raju Ram S/o Bhagu Ram shall be enlarged on bail in connection with FIR No.373/2022 registered at Police Station Loonkaransar, District Bikaner, provided he furnishes a personal bond in the sum of

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(3 of 3) [CRLMB-2541/2023]

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[2023/RJJD/012884]

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Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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(KULDEEP MATHUR),J

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/tarun goyal/

Raju Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Raju Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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