Chotha Ram vs State Of Rajasthan

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.51/2019, Police Station Samdari, District Barmer for the offences under Sections 363, 366-A, 376(D) & 323 of IPC and Section 5(G)/6 of the

Protection Children From Sexual Offence Act, 2012.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submits that the victim has appeared before the learned trial Court as PW-4. She has not supported the prosecution

case & thus, she has been declared hostile. The other prosecution witnesses i.e. mother and father of the victim have also not supported the case of

the prosecution and they too have been declared hostile. He further submits that the co-accused Chelaram has been enlarged on bail by the co-

ordinate Bench of this Court vide order dated 07.02.2020. Therefore, it is prayed that the petitioner may be enlarged on bail.

The learned Public Prosecutor opposes the bail application. Having regard to the facts and circumstances of the case and upon a consideration of the

arguments advanced, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the present bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Chotha Ram S/o Shri

Ganga Ram arrested in connection with F.I.R. No.51/2019, Police Station Samdari, District Barmer shall be released on bail; provided he furnishes a

personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) 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.