Ramesh vs State Of Rajasthan

Manoj Kumar Garg, J

The petitioner has been arrested in connection with FIR No.289/2022 registered at Police Station Kuri Bhagtasani, District Jodhpur for the offence punishable under Sections 341, 363, 376D of IPC and Sections 5(G)/6 of POCSO Act. He has preferred this second bail application under Section 439 Cr.P.C.

The first bail application was dismissed by this Court vide order dated 22.11.2022 as not pressed with liberty to file afresh after recording the statements of the victim.

Counsel for the petitioner submits that the victim has been examined before the trial court as PW-1 and in her statement, there are material contradictions, improvements and omissions. The petitioner is inside the jail since 15.07.2022 and up to this time, out of 24 witnesses only, 7 prosecution witnesses have been examined before the trial court. The trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor 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, the second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Ramesh S/o Shri Shoukinnath Singh shall be released on bail in connection with FIR No.289/2022 registered at Police Station Kuri Bhagtasani, District Jodhpur, provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/-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.