The High Court of Rajasthan allowed bail to the petitioner in a case involving offences under IPC and POCSO, observing that no specific allegation of rape was levelled against him and the trial duration requires release.
Petitioner enlarged on bail in C.R. No.306/2022 PS Siwana, District Barmer, personal bond Rs. 1,00,000 with two sureties of Rs. 50,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 33/2023
Dhala Ram S/o Shri Teja Ram, Aged About 32 Years, R/o Bhorda Tehsil Ahore Dist. Jalore Raj. (In J.c. At Balotra)
----Petitioner
----Respondents
| For Petitioner(s) | : Mr. |
Pradeep Shah |
|---|---|---|
| Mr. | Mahipal Singh Rajpurohit | |
| For Respondent(s) | : Mr. |
Mukesh Trivedi,PP |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
16/01/2023
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with C.R. No.306/2022 Police Station Siwana, District Barmer for the offences punishable under Sections 363 & 366-A of the IPC and Section 16/17 of POCSO Act.
Learned counsel for the petitioner submits that according to statement of prosecutrix, specific allegation for committing rape has been levelled against co-accused Ogad Ram and no specific allegation for committing rape has been levelled against the present petitioner. Challan of the case has already been presented and no investigation is pending against the petitioner. The petitioner is in the judicial custody and the trial of the case will
(2 of 2) [CRLMB-33/2023]
take sufficiently long time. Therefore, the benefit of bail may be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the bail application. I have considered the arguments advanced before me and
gone through the material available on record.
Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner, Dhala Ram S/o Shri Teja Ram, shall be enlarged on bail in C.R. No.306/2022 Police Station Siwana, District Barmer provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two 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
85-Rashi/-
1 issue framed by the court
Whether bail is maintainable for the petitioner in a child sexual offence case where no specific charge of rape against him is alleged.
1 provisions across 1 enactments
Dhala Ram
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
