Rameshwar vs State Of Rajasthan

Dr.Pushpendra Singh Bhati, J

In the wake of second surge in the COVID-19 cases, the Court is functioning virtually and abundant caution is being maintained for the safety of all concerned.

This Court perused the material available on record.

The petitioner has been arrested in connection with FIR No. 187/2021 of Police Station Balotra, District Barmer for the offences punishable under Sections 341, 354, 323, 504, 450, 376(2)(I), 376(3) of IPC and Section 3/4, 7/8 of POCSO Act. He has preferred this second bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner submits that the prosecutrix is aged about 16 years.

Learned counsel for the petitioner has drawn attention of this Court towards the statement rendered by the prosecutrix under Section 164 of Cr.P.C., in which she has not supported the story of rape as pursued by the prosecution.

Learned counsel for the complainant and Learned Public Prosecutor have drawn attention of this Court towards the statement of prosecution rendered under Section 161 of Cr.P.C., in which the allegations are levelled.

This Court, being conscious of the fact that the charge-sheet has been filed and the statement of prosecutrix rendered under Section 164 of the Cr.P.C. does not indicate any rape or sexual offence, is inclined to grant bail to the present petitioner.

Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Rameshwar S/o Udaram shall be released on bail in connection with FIR No. FIR No. 187/2021 of Police Station Balotra, District Barmer provided he executes a personal bond in a 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 appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.