Harish vs State Of Rajasthan

The instant bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioner who is in custody in connection with F.I.R.

No.217/2020, registered at Police Station Gida, District Barmer for the offences under Sections 450, 376(D) (2)(N), 292, 384, 382, 363, 365, 370 and

344 IPC and Section 67 of the I.T. Act.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the case diary.

The prosecutrix is a major married woman. She lodged the typed report to the Superintendent of Police, Barmer with the allegations that the accused

petitioner and various other persons viz. Tajaram, Omprakash, Swaroopa Ram, Avdhesh, etc. were sexually exploiting her for the last about one year

under the threat that her indecent pictures would be made viral. The bail applications of the co-accused Omprakash, Tajaram and Swaroopa Ram

have been accepted by the learned Additional Sessions Judge, Barmer. However, the petitioner has been denied bail on the premise that he has

criminal antecedents. A perusal of the order rejecting bail indicates that none of the case earlier registered against the petitioner involves the offence

of sexual assault.

In this view of the matter and, having regard to the facts and circumstances available on the record, but without expressing any opinion on the merits

of the case, this Court is of the opinion that the petitioner deserves to be enlarged on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Harish arrested in connection with the F.I.R.

No.217/2020, registered at Police Station Gida, District Barmer shall be released on bail provided he furnishes a personal bond of Rs.50,000/- and two

surety bonds of Rs.25,000/- 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.