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Rajendra @ Raju Ram vs State Of Rajasthan on 27 August, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 8053/2018

Rajendra @ Raju Ram S/o Hari Kishan, Aged About 22 Years, B/c
Jat, R/o Sinva Village, Ladnu Police Station, Teh. Ladnu, Dist.
Nagaur (Lodged In Dist.jail, Nagaur)

—-Petitioner
Versus
State Of Rajasthan

—-Respondent
Connected With
S.B. Criminal Misc. Bail No. 6450/2018
Ghisa Ram S/o Deva Ram, Aged About 50 Years, B/c Jat, R/o
Khinyala, Tehsil Jayal, District Nagaur.

—-Petitioner
Versus
The State Of Rajasthan.

—-Respondent
S.B. Criminal Misc. Bail No. 7589/2018
Om Prakash S/o Nimba Ram, Aged About 42 Years, B/c Prajapat,
R/o Khinyala Teh. Jayal Dist. Nagaur

—-Petitioner
Versus
The State of Rajasthan

—-Respondent

For Petitioner(s) : Mr. Mahesh Bora, Sr. Advocate
assisted by Mr. Nishant Bora, Mr. J.R.
Choudhary, Mr. Sunil Mehta, Mr. J.K.

Suthar, Mr. R.S. Choudhary
For Respondent(s) : Mr. Pankaj Awasthi, PP
Mr. I.R. Choudhary, for the
complainant.

HON’BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

27/08/2018
(2 of 4) [CRLMB-8053/2018]

In S.B. Criminal Misc. Bail No. 8053/2018

The present bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner who is in custody in connection

with F.I.R. No.27/2018, Police Station Jayal, District Nagaur, for

the offences under Sections 341, 323, 342, 384, 354-Gha, 376 of

IPC and Section 66-D, 67 of Information Technology

(Amendment) Act.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

It is submitted by learned counsel for the petitioner that the

F.I.R has been lodged after seventeen days of the incident for

which there is no satisfactory explanation. The prosecutrix is a

married lady of 29 years of age and after calling the present

petitioner, she has gone with him on motorcycle. The conclusion

of trial will take sufficiently long time, therefore, it is prayed that

the petitioner may be enlarged on bail.

The learned Public Prosecutor as well as learned counsel for

the complainant have vehemently opposed the bail.

I have gone through the statement of the prosecutrix

recorded under Section 164 of Cr.P.C. which does not inspire the

confidence for the alleged offence against the present petitioner

and I have also gone through the transcription produced in the

case diary of the conversation which took place on the spot

between the prosecutrix and the petitioner and other persons

standing in the vicinity of the area, this Court is of the opinion that

the bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application is allowed. It is ordered

that the accused-petitioner Rajendra @ Raju Ram S/o Hari Kishan
(3 of 4) [CRLMB-8053/2018]

arrested in connection with F.I.R. No.27/2018, Police Station Jayal,

District Nagaur shall 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 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.

In S.B. Criminal Misc. Bail No. 6450/2018

In S.B. Criminal Misc. Bail No. 7589/2018 :

These applications for anticipatory bail have been filed by the

petitioners apprehending their arrest in connection with F.I.R.

No.27/2018, Police Station Jayal, District Nagaur for the offences

under Sections 341, 323, 342, 354-D, 384, 376 of IPC and Section

66D, 67 of I.T. Act.

Heard learned counsel for the petitioners and learned Public

Prosecutor. Perused the material available on record.

Learned counsel for the petitioners submit that when the

prosecutrix and one Rajendra @ Rajuram were standing in a

hutment, they asked the whereabouts of the prosecutrix and

Rajendra @ Rajuram and when other villagers came on the spot,

an audio and video of the entire incident was made. In the

statements of prosecutrix recorded under Section 164 of Cr.P.C,

no allegation of rape is levelled against the present petitioners.

The learned Public Prosecutor as well as learned counsel for
the complainant have vehemently opposed the bail applications.

Having regard to the facts and circumstances of the case and

upon a consideration of the arguments advanced at the bar, this
(4 of 4) [CRLMB-8053/2018]

Court is of the opinion that it is a fit case for grant of anticipatory

bail to the petitioners under Section 438 Cr.P.C.

Accordingly, the bail applications are allowed and it is

directed that in the event of arrest of petitioners (1) Ghisa Ram

S/o Deva Ram and (2) Om Prakash S/o Nimba Ram, in connection

with F.I.R. No.27/2018, Police Station Jayal, District Nagaur, the

petitioners shall be released on bail; provided each of them

furnishes a personal bond in the sum of Rs.50,000/- along with

two sureties of Rs.25,000/- each to the satisfaction of the

concerned Investigating Officer/S.H.O. on the following

conditions :-

(i) that the petitioners shall make themselves available for
interrogation by a police officer as and when required;

(ii) that the petitioners shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with
the facts of the case so as to dissuade him from disclosing
such facts to the court or any police officer; and

(iii) that the petitioners shall not leave India without previous
permission of the court.

(VINIT KUMAR MATHUR),J

Sanjaysolnaki, srpa90 to 92

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