Ramesh Kumar @ Rameshwar Lal vs State Of Rajasthan

The present third bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 20/2018, Police Station Nai Mandi Gharsana, District Shri Ganganagar for the offences under Sections 363, 366, 376 & 34 of I.P.C. and Section 3(2)(v) of S.C./ S.T. Act.

The second bail application of the petitioner was dismissed by this Court vide Order dated 02.07.2019.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submits that the prosecutrix is a married lady of 20 years of age. He further submits that the statement of the prosecutrix has been recorded before the trial court as P.W. 1. In her statement, the prosecutrix has not levelled any allegation of rape against the present petitioner. He further submits that the co-accused Jai Pal has already been enlarged on bail by this Court vide Order dated 14.08.2018. He further submits that the co-accused Manish Kumar, who was juvenile, has also been enlarged on bail by the Juvenile Justice Board. Gurdeep has not been charge-sheeted by the police in the present case. He further submits that the case of the present petitioner is not distinguishable from the co-accused, who have been enlarged on bail. The charge-sheet in the matter has already been filed and the conclusion of trial will take sufficient long time. He therefore, prays that the petitioner may also be enlarged on bail.

Learned Public Prosecutor opposes the bail application but he is unable to distinguish the case of the present petitioner vis-a-vis the case of the co-accused persons who have been enlarged on bail.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and the fact that the case of the present petitioner is identical to co-accused aforesaid who have been enlarged on bail, this Court is of the opinion that the petitioner is also entitled for grant of bail under Section 439 of Cr.P.C.

Consequently, the present third bail application under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner Ramesh Kumar @ Rameshwar Lal S/o Imi Lal arrested in connection with F.I.R. No. 20/2018, Police Station Nai Mandi Gharsana, District Shri Ganganagar shall be released on bail provided he furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) 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.