Khemraj @ Hemraj vs State Of Rajasthan

The present bail applications have been filed under Section 439 Cr.P.C.

The petitioners have been arrested in connection with FIR No.332/2019, registered at Police Station Sikandra, Dausa for the offence(s) under

Sections 363, 366, 376-D of IPC.

Learned counsel for the petitioners submitted that the accused-petitioner Khemraj @ Hemraj has been implicated by the Police only on account of

committing rape by Manoj who is son of the accused-petitioner--Khemraj.

Learned counsel further submitted that the petitioner is no way concerned with the offences which are alleged, under Section 363, 366, 376-D of IPC.

Learned counsel also submitted that statement of the prosecutrix recorded under Section 164 Cr.PC does not reveal any allegation of committing rape

by the present accused-petitioner.

Learned counsel further submitted that the petitioner- Khemraj is an old person of 78 years of age and as such, he is in custody since 17.02.2020.

Learned counsel for the petitioner-Ramkhiladi submitted that the Police after investigation has found that the prosecutrix was not sold of by the

present petitioner.

Learned counsel further submitted that the prosecutrix has gone to different places and she has levelled allegation specifically against the other co-

accused, however, the petitioner- Ramkhiladi is also implicated by levelling allegation that he had committed rape on her.

Learned counsel submitted that the role assigned to the accused-petitioner--Ramkhiladi is developed while giving statement under Section 164 of

Cr.PC and the statement which was initially recorded under Section 161 of Cr.PC, does not allege anything related to committing rape on the

prosecutrix.

Learned Public Prosecutor has opposed the bail applications.

This Court, considering the statement recorded under Section 164 of Cr.PC as well as other allegations and the entire facts and circumstances of the

case and without expressing any opinion on the merits of the case, deems it just and proper to release the petitioners on bail.

Accordingly, the present bail applications under Section 439 Cr.P.C. are allowed and it is ordered that the accused- petitioners Khemraj @ Hemraj

S/o Badri and Ramkhiladi S/o Suvalal shall be released on bail provided each of them furnish a personal bond in the sum of Rs.50,000/- with one

surety of like amount to the satisfaction of the learned trial Judge for their appearance before the Court concerned on all the dates of hearing and as

and when called upon to do so.

A copy of this order be placed in connected bail application.