Jagdish Ram vs State Of Rajasthan

Heard learned counsel for the petitioner as well as learned Public Prosecutor assisted by learned counsel for the complainant and also perused the material on record.

The petitioner has been arrested in FIR No.261/2018 of Police Station Mandore, District Jodhpur City East for the offences punishable under Sections 342, 451, 354, 354-B IPC and Sections 7, 8, 11(2)(5) and 12 of POCSO Act, 2012. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case because he is in relation with the elder daughter of the complainant. It is submitted that elder daughter of the complainant eloped with the petitioner, however, later on, she was recovered by the police and thereafter her statements were recorded under Section 164 Cr.P.C., wherein she has specifically stated that she went with the petitioner as per her own free will and also stated that her parents has threatened and tortured her. Learned counsel for the petitioner has submitted that the statements of elder daughter of the complainant were recorded on 07.01.2018 and after recording of her statements, she refused to go with her parents and she was sent to Children Home. Learned counsel for the petitioner has submitted that annoyed with the same the complainant filed this false complainant against the petitioner while alleging that the petitioner has outraged the modesty of her younger daughter in August 2018 i.e. on 14.08.2018. Learned counsel for the petitioner has submitted that from the above fact, it is clear that the petitioner has falsely been implicated in this case. It is submitted that the charge-sheet has already been filed and the trial of the case will take time.

Learned Public Prosecutor as well as learned 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 petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Jagdish Ram S/o Mangilal shall be released on bail in connection with FIR No.261/2018 of Police Station Mandore, District Jodhpur City East 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.