HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 365/2019
1. Shimbhu Ram S/o Bhanwaru Ram, Aged About 55 Years,
B/c Jat, R/o Hansiyas Village, Tehsil Merta, District
Nagaur.
2. Nathu Ram S/o Mangla Ram, Aged About 45 Years, B/c
Jat, R/o Hansiyas Village, Tehsil Merta, District Nagaur.
3. Nema Ram S/o Jessa Ram, Aged About 40 Years, B/c Jat,
R/o Hansiyas Village, Tehsil Merta, District Nagaur.
4. Baldev Ram Rad S/o Ghewar Ram, Aged About 30 Years,
B/c Jat, R/o Hansiyas Village, Tehsil Merta, District
Nagaur.
5. Mahipal Faroda S/o Kana Ram, Aged About 30 Years, B/c
Jat, R/o Talanpur, Tehsil Merta, District Nagaur.
6. Mukesh S/o Daya Ram, Aged About 32 Years, B/c Jat, R/o
Shera Chokadi, Pipar City, Tehsil Pipar City, District
Nagaur. (Lodged In Central Jail, Bikaner)
—-Petitioners
Versus
State Of Rajasthan, Through P.p.
—-Respondent
For Petitioner(s) : Mr. B.Ray Bishnoi
For Respondent(s) : Mr. A.S. Rathore, P.P.
Mr. Abhishek Mehta, for the
complainant
HON’BLE MR. JUSTICE VIJAY BISHNOI
Order
11/01/2019
Heard learned counsel for the petitioners as well as learned
Public Prosecutor and also perused the material on record.
The petitioners have been arrested in FIR No. 63/2018 of
Police Station Merta Road, District Nagaur for the offences
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punishable under Sections 143, 452, 376, 354 of IPC and under
Section 3/4 of POCSO Act. They have preferred this bail
application under Section 439 Cr.P.C.
Learned counsel for the petitioners has submitted that
allegation of sexual assault with the complainant is against
Laxman Rad and only allegation against the petitioners is to the
effect that they accompanied Laxman Rad. It is also submitted
that as a matter of fact, the police during the course of
investigation have found offence punishable under Section 354 IPC
only, however, the trial court has observed that investigation is not
going in the right direction but from the material collected by the
police till date, only allegation against the petitioners is to the
effect that they accompanied the co-accused Laxman Rad against
whom allegation of sexual assault has been levelled.
Learned Public Prosecutor as well counsel for the
complainant have 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
petitioners under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439
Cr.P.C. is allowed and it is directed that petitioners Shimbhu Ram
S/o Bhanwaru Ram, Nathu Ram S/o Mangla Ram, Nema Ram S/o
Jessa Ram, Baldev Ram Rad S/o Ghewar Ram, Mahipal Faroda S/o
Kana Ram and Mukesh S/o Daya Ram shall be released on bail in
connection with FIR No. 63/2018 of Police Station Merta Road,
District Nagaur provided each of them executes a personal bond in
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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
83-Taruna/-
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