HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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)
State, Through Pp
For Petitioner(s) : Mr. Om Raj Purohit
For Respondent(s) : Mr. Deepak Choudhary, P.P.
HON’BLE MR. JUSTICE VIJAY BISHNOI
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
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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.
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