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Budha Ram vs State Of Rajasthan on 10 July, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7958/2019

Budha Ram S/o Sh. Binja Ram, Aged About 36 Years, B/c
Bishnoi, R/o Chak Vijaysinghpura, Tehsil Kolayat, District
Bikaner. (At Present Lodged In Central Jail Bikaner)

—-Petitioner
Versus
State Of Rajasthan, Through Pp

—-Respondent

For Petitioner(s) : Mr. Sushil Bishnoi
For Respondent(s) : Mr. Sharvan Bishnoi, P.P.

Mr. H.S. Shrimali for complainant

HON’BLE MR. JUSTICE VIJAY BISHNOI

Order

10/07/2019
Heard learned counsel for the petitioner, learned Public

Prosecutor as well as learned counsel for the complainant and also

perused the material on record.

The petitioner has been arrested in connection with FIR

No.112/2018 of Police Station Kolayat, District Bikaner for the

offences punishable under Sections 498-A, 406, 376-D I.P.C. He

has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that

prosecutrix lodged the FIR against the petitioner alleging sexual

assault, harassment and extortion. The police after thorough

investigation have filed charge-sheet against her husband Shesh

Karan S/o Binjaram only for the offences punishable under

Sections 498A and Section406 I.P.C. while concluding that rest of the

allegations levelled by the complainant against the petitioner and

(Downloaded on 10/07/2019 at 11:16:11 PM)
(2 of 2) [CRLMB-7958/2019]

other persons are false. It is submitted that trial court took

cognizance against the petitioner and other co-accused persons

for the offences punishable under Sections 498A, Section406 and Section376-D

I.P.C. and after issuing warrant of arrest, the police arrested the

petitioner.

Learned Public Prosecutor as well as learned 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, this bail application filed under Sec.439 SectionCr.P.C. is

allowed and it is directed that petitioner Budha Ram S/o Binja

Ram shall be released on bail in connection with FIR No.112/2018

of Police Station Kolayat, District Bikaner provided he executes a

personal bond in a sum of Rs.50,000/- with two sound and solvent

sureties of Rs.25,000/- 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.

(VIJAY BISHNOI),J

67-Babulal/-

(Downloaded on 10/07/2019 at 11:16:11 PM)

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