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Shimbhu Ram vs State Of Rajasthan on 11 January, 2019

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
(2 of 3) [CRLMB-365/2019]

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
(3 of 3) [CRLMB-365/2019]

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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