HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc. Bail No. 11771 / 2017
Pradeep Kumar S/o Shree Kalu Ram, B/c Soni R/o Ward No. 4,
Kedar Chock Purani Abadi, Sri Ganganagar (At Lodged in Central
Jail Sri Ganganagar.)
The State of Rajasthan
For Petitioner(s) : Mr. Jitendra Ojha.
For Respondent(s) : Mr. O.P. Rathi, Public Prosecutor.
HON’BLE MR. JUSTICE P.K. LOHRA
Accused-petitioner has preferred this second bail application
under Section 439 Cr.P.C. arising out of FIR No.65/2017,
registered at Police Station Purani Abadi, District Sri Ganganagar,
wherein he along with co-accused Sunil Kumar @ Rinku was
charged for offence under Sections 377/34, 450, 34 IPC and
Section 5(g)(l)/6 of the POCSO Act.
First bail application of petitioner bearing No.6442/2017 was
withdrawn on 21st of August, 2017 with liberty to file fresh after
recording statements of victim in on going trial in Sessions Case
No.74/2017, pending before Special Judge SC/ST (Prevention of
Atrocities) Cases, Sri Ganganagar (for short, ‘learned trial Court’).
Pressing this second bail application, it is submitted by
learned counsel that before the learned trial Court now statements
of victim as well as doctor have been recorded. It is argued by
(2 of 3)
learned counsel that PW2 victim has not attributed any overt-act
to the petitioner much less offence of unnatural sex. Learned
counsel further submits that in fact PW2 has not supported the
prosecution story against petitioner by turning hostile. It is also
argued by learned counsel that during trial statements of Dr.
Hansraj Jyani, who medically examined the victim, have also been
recorded. While referring to the statements of doctor, it is
submitted by learned counsel that as per his statements no visible
sign of sexual assault on the person of victim is found. Learned
counsel further submits that in fact the doctor has completely
ruled out any attempt of unnatural sex with the victim, and
therefore, offence under Section 377 IPC against petitioner is
prima facie under serious cloud. By relying on these substantial
change in the circumstances, learned counsel has urged that the
petitioner may be released on bail as he has already remained in
custody for more than a year and completion of trial is likely to
take considerable time.
Learned Public Prosecutor has opposed the second bail
application of petitioner.
I have bestowed my consideration to the arguments
advanced at the Bar and perused the statements of witnesses
recorded during trial.
Having regard to the facts and circumstances of the case,
while refraining to make any comment on merits, I feel persuaded
to enlarge the petitioner on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is
allowed and it is ordered that accused-petitioner Pradeep Kumar
(3 of 3)
S/o Shree Kalu Ram, arrested in connection with F.I.R.
No.65/2017, Police Station Purani Abadi, District Sri Ganganagar,
may be released on bail; provided he furnishes a personal bond of
Rs.50,000/- with two surety bonds of Rs.25,000/- each to the
satisfaction of 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.