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Chhagan Lal vs State on 18 December, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 12760/2018

Chhagan Lal S/o Chetan Ram, Aged About 19 Years, By Caste
Jat, Resident Of Ward No. 4, Momasar Bas, Sri Dungargarh
District Bikaner. (At Present Lodged In Central Jail, Bikaner)

—-Petitioner
Versus
State, Through Pp

—-Respondent

For Petitioner(s) : Mr. Om Raj Purohit
For Respondent(s) : Mr. Deepak Choudhary, P.P.

HON’BLE MR. JUSTICE VIJAY BISHNOI

Order

18/12/2018

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No. 143/2018 of

Police Station Sri Dungargarh, District Bikaner for the offences

punishable under Sections 450, 454, 354, 354-A(1), 354-B, 506,

376(2)(1) IPC and Section 3(A)4, 9(G)(L)/10 of POCSO Act. He

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

Learned counsel for the petitioner has submitted that initially

FIR against the petitioner has been lodged by daughter of the

complainant for the offence punishable under Section 354 IPC.

Later on, statements of complainant, his wife and his daughter

have been recorded under Section 161 Cr.P.C., wherein also it is

only alleged that petitioner along with two other persons entered

into the house of the complainant with the intention to outrage
(2 of 2) [CRLMB-12760/2018]

modesty of his minor daughter. However, in her statement

recorded under Section 164 Cr.P.C., daughter of the complainant

has levelled omnibus allegation that petitioner and other accused

persons have done wrong with her. It is argued that daughter of

the complainant has not specifically stated that petitioner along

with other co-accused persons did sexually assault her. It is

further submitted that charge sheet has already been filed in the

matter and trial of the case will take time.

Learned Public Prosecutor has 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 Section 439

Cr.P.C. is allowed and it is directed that petitioner Chhagan Lal S/o

Chetan Ram shall be released on bail in connection with FIR No.

143/2018 of Police Station Sri Dungargarh, 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

58-Taruna/-

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