Netram @ Raju vs State Of Rajasthan on 19 September, 2018

[Cites 7, Cited by 19]

Rajasthan High Court - Jodhpur

Netram @ Raju vs State Of Rajasthan on 19 September, 2018

Bench: Manoj Kumar Garg

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
              S.B. Criminal Misc. Bail No. 9055/2018

Netram @ Raju S/o Shri Patram, Aged About 23 Years, B/c
Nayak, R/o 54 LNP. Police Station Ghamurwali, Tehsil Padampur,
District Sri Ganganagar (At present lodged at Dist. Jail Sri
Ganganagar)
                                                       ----Petitioner
                               Versus
State Of Rajasthan, Through PP
                                                    ----Respondent


For Petitioner(s)       :   Mr. JS Bhaleria
For Respondent(s)       :   Mr. AS Rathore,PP



         HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order 19/09/2018 The petitioner has been arrested in connection with FIR No. 63/2018 of Police Station Ghamurwali, District Sri Ganganagar for the offence punishable under Sections 363, 366-A, 376-D, and 120-B of the IPC and Section 5/6, 16/7 of the Act of 2012. He has preferred this bail application under Section 439 Cr.P.C.

Counsel for the petitioner submits that according to the perusal of the statements of the prosecutrix recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. that the petitioner has not committed rape with her. The allegation for committing rape is against co-accused Sunil. Challan of the case has already filed by the police and no investigation is pending against the petitioner. The accused-petitioner is in judicial custody and the trial of the (2 of 2) [CRLMB-9055/2018] case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor has 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 petitioner under Section 439 Cr.P.C.

Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Netram @ Raju S/o Shri Patram shall be released on bail in connection with FIR No. 63/2018 of Police Station Ghamurwali, District Sri Ganganagar provided he executes a personal bond in a sum of Rs. 80,000/- with two sound and solvent sureties of Rs.40,000/- 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.

(MANOJ KUMAR GARG) J.

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Rajasthan High Court - Jodhpur