High CourtsSingle Bench

Ramesh Singh vs State Of Rajasthan

Rajasthan High Court · Decided on 4 May 2021 · Citation: (2021) 05 RAJ CK 0016

HON’BLE JUDGES
Vijay Bishnoi, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 354, 376, 452 · Protection of Children from Sexual Offences Act, 2012 — Section 7, 8 · Code Of Criminal Procedure, 1973 — Section 164, 439
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous II Bail Application No. 3985 Of 2021
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Judgment

16 paragraphs · 338 words

Heard learned counsel for the parties and perused the material available on record.

The petitioner(s) has/have been arrested in FIR No.40/2021 of Police Station Kelwa, Distt. Rajsamand for the offence(s) punishable under Section(s)

452, 354, 376 IPC and Section 7/8 of the POCSO Act. He/she/they has/have preferred this/these second bail application(s) under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is argued that the petitioner was in

relation with the niece of the complainant, who was minor and when the petitioner went to her house to meet her, the complainant and other relatives

saw him and tried to caught hold of him and due to panic, the petitioner locked himself in a room, and thereafter the police arrested him. It is further

submitted that though the complainant in the FIR as well as the police statements has not levelled allegation of rape against the petitioner, however

later on, in her statements recorded under Section 164 Cr.P.C., she has levelled false allegations against the petitioner. It is submitted that charge-

sheet has been filed and trial of the case is likely to take time.

Learned Public Prosecutor has opposed the bail application(s).

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 petitioner(s) under Section 439 Cr.P.C.

Accordingly, this/these second bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) - Ramesh Singh S/o

Sh. Gehar Singh Rajput shall be released on bail in connection with FIR No.40/2021 of Police Station Kelwa, Distt. Rajsamand provided he/she/they

execute(s) a personal bond in the 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/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.