Ramras vs State Of Rajasthan

Kuldeep Mathur, J

This second application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.247/2023 registered at Police Station Vivek Vihar, Jodhpur City West, for offences under Sections 450, 376(2)(n), 384, 506 IPC and Section 67 of the Information Technology Act.

Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel submitted that the statements of the prosecutrix have been recorded before the competent criminal court on 14.5.2024 as PW-1. Drawing attention of the Court towards the statements of the prosecutrix, learned counsel further submitted that as per the prosecutrix, she was subjected to sexual assault by the present petitioner and her obscene photographs and videos were also captured by him. Learned counsel submitted that further allegation against the petitioner is that he made obscene videos and photographs of the prosecutrix viral by creating her fake online ID. Lastly, learned counsel submitted that the petitioner, who is aged about 27 years, is in judicial custody since 19.10.2023, challan has been filed and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

Per contra, learned Public Prosecutor has vehemently opposed the bail application.

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

Having considered the rival submissions, facts and circumstances of the case and after perusing the statements of the prosecutrix (PW-1) recorded before the competent criminal court, this Court prima facie finds that though the allegations levelled against the present petitioner are serious in nature but in view of the fact that the statements of the prosecutrix (PW-1) has already been recorded before the competent criminal court, now there is no apprehension of the petitioner influencing her or tampering with the evidence, in case, he is enlarged on bail. This Court also prima facie finds that the trial pending against the petitioner is not likely to be completed in near future. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Accordingly, the second bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner- Ramras S/o Bhoma Ram shall be enlarged on bail in connection with FIR No.247/2023 registered at Police Station Vivek Vihar, Jodhpur City West, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to so.

It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.