Sita Ram vs State of Rajasthan

Mohammad Rafia, J.—Heard learned counsel for petitioner as well as learned Public Prosecutor and perused material made available to me during course of arguments. Contention of learned counsel for petitioner is that from statement of prosecutrix Pinki, who, according to the petitioner, is major, it is clear that she had consensual sex with petitioner on 3-4 occasions and then she accompanied him to Bamanwas, from where they went to Palsana, Rajgarh and thereafter Gohana. Petitioner is in jail for last ten months. Challan has been filed. There is no other criminal case ever registered against the petitioner. Petitioner was also a labourer in the same bricks-factory in which prosecutrix was a labourer. He has been falsely implicated in the present case. Learned Public Prosecutor opposed the bail application.

After considering all the facts and circumstances of the case and without expressing any opinion on its merits, I deem it just and proper to allow this bail application. It is therefore ordered that accused- petitioner, namely, Sitaram S/o Malaram, R/o Jajod, Tehsil & Police Station Shrimadhopur, District Sikar, be released on bail u/s 439 Cr.P.C., in FIR No.63/ 2011, Police Station Khandela, District Sikar, under Sections 363,366 and 376 IPC, 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 trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so. The bail application stands disposed of.