Sattu Ram @ Sattu @ Satya vs State of Rajasthan

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.234/2019 of Police Station Nayashahar, District Bikaner for the offences punishable under Sections 450 and 376(2)(N) IPC. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the allegation against the petitioner of sexual assault is false. It is submitted that the police have filed charge-sheet against the petitioner on the basis of the statements of prosecutrix recorded during the course of investigation, however, now the statements of prosecutrix have been recorded before the trial court as PW-1, wherein she has not supported the prosecution story and turned hostile. It is submitted that since the prosecutrix has not supported the prosecution story and turned hostile, it would be very difficult for the prosecution to prove the guilt of the petitioner.

Learned Public Prosecutor has 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, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Sattu Ram @ Sattu @ Satya S/o Ramu Ram shall be released on bail in connection with FIR No.234/2019 of Police Station Nayashahar, District Bikaner 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.