Rajasthan High Court - Jodhpur
Rugha Ram vs State on 18 October, 2016
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
CRIMINAL MISC. BAIL (CRLMB) No. 9222 of 2016
RUGHA RAM - VS - STATE
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IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN AT JODHPUR
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CRIMINAL MISC. BAIL (CRLMB) No. 9222 of 2016
PETITIONER:
Rugha Ram, Aged about 20 years, S/o Shri Chuna
Ram Jat, Resident of Gaurau, Tehsil Jayal, District
Nagaur (Raj.)
(Confined in Merta Jail)
VERSUS
RESPONDENT:
State of Rajasthan
Date of Order : 18.10.2016
HON'BLE MR. VIJAY BISHNOI, J.
Mr. Pankaj Gupta, for the petitioner.
Mr. A.S. Rathore - PP, for the respondent.
ORDER
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Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
The petitioner has been arrested in FIR No.193/2016 of Police Station, Ladnu, District Nagaur for the offences punishable under Sections 376(I)(N), 457, 506 and 120-B IPC and Section 5(F)/6 of POCSO CRIMINAL MISC. BAIL (CRLMB) No. 9222 of 2016 RUGHA RAM - VS - STATE 2/3 Act, 2012. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that the FIR against the petitioner has been lodged after a delay of more than one month and no explanation has been given for the said delay. It is also stated that, in her statement under Section 161 Cr.P.C., the prosecutrix has admitted that she has not complained about the commission of crime by the petitioner to anybody and when the petitioner was apprehended in her house then only she has disclosed that about one month back, the petitioner has committed sexual assault upon her. Learned counsel for the petitioner has, therefore, suggested that the relation between the petitioner and the prosecutrix are consensual. It is also argued that there is no definite evidence available on record to suggest that the prosecutrix was minor at the time of incident. It is contended that though the prosecutrix, in her statement, has clearly stated that she is 10 th pass, but the matriculation certificate has not been collected by the investigating agency to ascertain her age.
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, this bail application filed under CRIMINAL MISC. BAIL (CRLMB) No. 9222 of 2016 RUGHA RAM - VS - STATE 3/3 Section 439 Cr.P.C. is allowed and it is directed that petitioner - Rugha Ram S/o Chuna Ram Jat shall be released on bail in connection with FIR No.193/2016 of Police Station, Ladnu, District Nagaur provided he executes a personal bond in 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.
Abhishek 85