Shish Ram vs State Of Rajasthan

In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts.

This Court perused the material available on record. The petitioner has been arrested in connection with FIR No.22/2020 of Police Station Sidhmukh, District Churu for the offences punishable under Sections 450 & 376(2)(H) IPC. He has preferred this second bail application under Section 439 Cr.P.C.

This is a second bail application. While dismissing the first bail application vide order dated 14.05.2020, this Court has granted liberty to the petitioner to file fresh bail application after filing of the charge sheet, and now, the charge sheet has been filed. The petitioner is in custody since 23.02.2020. The petitioner is 51 years old man and the prosecutrix is 42 years old lady. The version in the statement recorded under Section 164 Cr.P.C. by the prosecutrix is that on 19.02.2020, the accused-petitioner, who was previously known to her and had given certain money on loan, had come to recover the same; when he asked for money and money was not given by the prosecutrix then the petitioner raped her. The previous knowledge and the motive of recovering the money is writ large in the said statement.

Moreover, in the statement recorded under Section 164 Cr.P.C. the prosecutrix has stated that immediately she screamed and upon which, the villagers got together and caught the accused-petitioner whereas the accused has been arrested on 23.02.2020, after four days of lodging of the FIR.

This Court had called for the semen report but the investigation officer has reported that inspite of best efforts, the petitioner could not pass the semen for the test.

Learned Public Prosecutor opposed the bail application. 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 bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Shish Ram S/o Shri Sahab Ram shall be released on bail in connection with FIR No.22/2020 of Police Station Sidhmukh, District Churu 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.