Nimba Ram vs State Of Rajasthan

Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material available on record.

This bail application has been filed under sec.439 CrPC on behalf of the petitioner, who is in custody in connection with FIR No.113/2020 registered at

Police Station Gida, District- Barmer for offences under sections 363, 366A, 343, 376(3), 376(2)(N) IPC and Sec.5(L)/6 of the POCSO Act.

The petitioner is stated to be the cousin brother of the prosecutrix Mst R. and is in custody for quite some time. The statements of the victim Mst R

and her father Mota Ram have been recorded during trial. Both did not support the prosecution case and have been declared hostile.

In this background and having regard to the facts and circumstances of the matter but without commenting on 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 CrPC is allowed and it is ordered that the petitioner Nimba Ram s/o Ummeda Ram @ Amra Ram

@ Amu Ram who has been arrested in connection with FIR No.113/2020 registered at Police Station Gida, District Barmer, shall be released on bail,

provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each, to the satisfaction of learned trial court with the

stipulation to appear before that court on all dates of hearing and as & when called upon to do so.