This order grants bail to the petitioner arrested under various sections of IPC, SC/ST Act, and POCSO. The court deemed it just and proper to release the accused on personal bond with sureties without expressing an opinion on the merits.
Bail granted on personal bond of Rs. 1,00,000 with two sureties of Rs. 50,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2024:RJ-JD:14371]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2808/2024
Ratan Lal @ Raghuveer S/o Narayan Lal, Aged About 27 Years, R/o Raghunath Pura, Village Palina, Ps Lohawat, Dist Jodhpur, Raj. (Lodged In Central Jail Jodhpur)
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. Vivek Sharma |
|---|---|
| For Respondent(s) | : Mr. Mukesh Trivedi, PP |
| Mr. Bhima Ram,for respondent No.2 |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
01/04/2024
The petitioner has been arrested in connection with FIR No.148/2023 of Police Station Lohawat, District Jodhpur, for the offence punishable under Sections 354(D), 509, 504, 506 of IPC and Section 11/12 of POCSO Act, 2012 and Section 3(1)(W)(i)(ii) & 3(2)(va) of SC & ST Act. He has preferred this second bail application under Section 439 Cr.P.C. The first bail application was dismissed as not pressed by this Court on 05.10.2023 with liberty to file afresh after recording the statement of victim.
Learned counsel for the petitioner submits that now the victim has been examined before the trial Court as PW/1 and there are material contradictions, omission and improvements in the statement of victim. The accused-petitioner is in judicial
[2024:RJ-JD:14371]
[CRLMB-2808/2024]
(2 of 2)
custody since 14.06.2023 and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor and counsel for the complainant have 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 second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Ratan Lal @ Raghuveer S/o Narayan Lal shall be released on bail in connection with FIR No.148/2023 of Police Station Lohawat, District Jodhpur, 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
150-Ishan/-
2 issues framed by the court
Whether bail should be granted to the petitioner under Section 439 Cr.P.C. given contradictions in the victim statement.
Whether the long pendency of the trial warrants the grant of bail.
1 provisions across 1 enactments
Ratan Lal @ Raghuveer
State Of Rajasthan
Bhoma Ram
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
