Budharam vs State on 18 July, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. II Bail No. 6282 / 2017
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For Petitioner(s) : Mr.Shekhar Mewara.
For Respondent(s) : Mr.OP Rathi, PP.

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HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
18/07/2017

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

The instant second bail application under Section 439 Cr.P.C.

has been preferred on behalf of the petitioner who is in custody in

connection with F.I.R. No.161/2015, registered at Police Station

Sojat Road, District Pali for the offences under Sections 354,

376/511 and 384 IPC.

After rejection of the first bail application submitted on

behalf of the petitioner, the statement of victim Smt.M has been

recorded by the trial Court. Shri Mewara urges that as per the said

statement, the highest allegation against the petitioner is that he

disrobed the prosecutrix and snapped her indecent photographs.

Even if this statement is accepted to be true as such, the offence,

if any, would not proceed beyond Section 354 IPC. He thus urges
(2 of 2)
[CRLMB-6282/2017]

that the petitioner who is in judicial custody for more than 1½

years, deserves to be released on bail.

Learned P.P. opposes the submissions advanced by the

petitioner’s counsel.

Having regard to the entirety of facts and circumstances as

available on record, but without expressing any opinion on the

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merits of the case, this Court is of the opinion that the petitioner

deserves to be released on bail.

Accordingly, the instant second bail application under Section

439 Cr.P.C. is allowed and it is directed that the petitioner Budha

Ram arrested in connection with F.I.R. No.161/2015, registered at

Police Station Sojat Road, District Pali shall be released on bail

provided he furnishes a personal bond of Rs.50,000/- and two

surety bonds of Rs.25,000/- each to the satisfaction of the learned

trial court with the stipulation to appear before that Court on all

dates of hearing and as and when called upon to do so.

(SANDEEP MEHTA)J.

S.Phophaliya/-

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