Allowed

Pirtha Ram @ Prithvi Ram v. State of Rajasthan

Rajasthan HC22 Feb 2024CRLMB/184/2024

Case brief

AI extract

What is this about?

The High Court granted bail to the petitioner accused in a case involving rape and child sexual abuse offences. The court noted that the victim had turned hostile and failed to identify the petitioner, finding no justification for further incarceration and considering the likelihood of a lengthy trial.

What did the court decide?

Bail granted; petitioner to furnish personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.

Pirtha Ram @ Prithvi Ram Vs State of Rajasthan — Child Sexual Offences (POCSO) | Rajasthan HC (2024)

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[2024:RJ-JD:9111]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 184/2024

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Pirtha Ram @ Prithvi Ram S/o Mangi Lal, Aged About 28 Years, R/o Devi Nagar, Seoul Nagar Chadi, P.S. Bhojasar, Dist. Jodhpur Rural (Rajasthan). (Petitioner Lodged In Central Jail Jodhpur).

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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Chagna Ram S/o Poona Ram, B/c Meghwal R/o Devi Nagar, Seoul Nagar Chadi, P.S. Bhojasar, Dist. Phalodi, (Rajasthan).

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----Respondents

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For Petitioner(s)	: Mr. Ratana Ram Ankiya
	Mr. Shiv Lal Barwar
For Respondent(s)	: Mr. S.K. Mehar,PP

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HON'BLE MR. JUSTICE FARJAND ALI Order

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22/02/2024

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As per the report submitted on behalf of learned Public Prosecutor, service has been effected upon

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complainant/victim.

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The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused -petitioner. The requisite details of the matter are

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tabulated herein below:

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S.No.	Particulars	of the Case
1.	FIR Number	111/2023
2.	Concerned Police Station	Bhojasar
3.	District	Phalodi
4.	Offences alleged in the FIR	Under Sections 363 and 376-D of the IPC as well as Section 3/4 of the POCSO Act
5.	Offences added, if any	Under Section 376-(D)-(A) of the IPC as well as Section 5(g)/6 of the POCSO Act
6.	Date of passing of impugned order	03.01.2024

(2 of 3)

[2024:RJ-JD:9111]

[CRLMB-184/2024]

It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.

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Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

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I have considered the submissions made by both the parties and have perused the material available on record. The victim has been examined in the trial as PW-1 wherein she has denied to identify the petitioner and has now turned hostile and does not support the case of the prosecutor as set out in the charge-sheet. Therefore, in my view, there seems no justification to allow further incarceration of the petitioner as well as looking to the fact that there is high probability that the trial may take long time to conclude, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter.

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Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accusedpetitioner as named in the cause title shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance

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(3 of 3) [CRLMB-184/2024]

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[2024:RJ-JD:9111]

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before the court concerned on all the dates of hearing as and

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when called upon to do so.

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(FARJAND ALI),J

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41-Ashutosh/-

Pirtha Ram @ Prithvi Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Pirtha Ram @ Prithvi Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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