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Omprakash vs State Of Rajasthan on 18 December, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 14703/2019

1. Omprakash S/o Labhu Ram, Aged About 33 Years, By
Caste Jat, R/o Sashi Nadi, P.s. Dhorimanna, Barmer.
(Presently In Judicial At District Jail, Barmer).

2. Kishna Ram S/o Achala Ram, Aged About 20 Years, By
Caste Jat, R/o Sashi Nadi, P.s. Dhorimanna, Barmer.
(Presently In Judicial At District Jail, Barmer).

3. Ramesh Kumar @ Rama Ram @ Foji S/o Anna Ram @
Amara Ram, Aged About 23 Years, By Caste Nai, R/o
Meghwalo Ka Tala, P.s. Dhorimanna, Tehsil And District
Barmer. (In Judicial Custody At District Jail, Barmer).

—-Petitioners
Versus
State Of Rajasthan, Through P.p.

—-Respondent

For Petitioner(s) : Mr. Siddharth Karwasra
For Respondent(s) : Mr. Mahipal Bishnoi, PP
For Complainant(s) : Mr. Surendra Bagmalani

JUSTICE DINESH MEHTA

Order

18/12/2019

This application for bail has been filed by the petitioners

under Section 439 of the Cr.P.C. in connection with FIR

No.219/2019, Police Station Dhorimanna, Barmer, for the offences

under Sections 341, Section342, Section323, Section327 and Section384 IPC

Heard learned counsel for the petitioners and learned Public

Prosecutor and also perused the material available on record.

Learned counsel for the petitioners submits that the

allegations levelled in the FIR have been found to be false by the

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(2 of 2) [CRLMB-14703/2019]

police during the investigation and the medical report does not

evince sexual assault on the complainant, constituting an offence

under Section 377 IPC.

Learned Public Prosecutor vehemently opposed this bail

application.

Having regard to the facts and circumstances of the case and

without expressing any opinion on the merits/demerits of the

case, this Court is of the opinion that the bail application filed by

the petitioners deserves to be accepted.

Consequently, the bail application filed under Section 439

Cr.P.C. is allowed. It is ordered that petitioners (1) Om Prakash

S/o Sh. Labhu Ram, (2) Kishna Ram S/o Sh. Achala Ram and (3)

Ramesh Kumar @ Rama Ram @ Foji S/o Sh.Anna Ram @ Amara

Ram, arrested in FIR No.219/2019, Police Station Dhorimanna,

Barmer shall be released on bail; provided they execute personal

bond in the sum of Rs.50,000/- and two sureties 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.

(DINESH MEHTA),J

2-skm/-

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