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
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/-
