High CourtsSINGLE BENCH

Suja Ram S/o Meva Ram vs The State of Rajasthan

Rajasthan High Court · Decided on 27 March 2017 · Citation: (2017) 03 RAJ CK 0096

HON’BLE JUDGES
Sandeep Mehta
ACTS & SECTIONS REFERRED
<a href=3863>Code of Criminal Procedure, 1973</a>, <a href=3863-439>Section 439</a>, <a href=3863-164>Section 164</a> - Special powers of High Court or Court of Session regarding bail - Recording of confessions and statements · <a href=1767>India
RESULT
Allowed
CASE NUMBER
1910 of 2017
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Judgment

25 paragraphs · 256 words
1.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

2.

The instant bail application under Section 439 Cr.P.C. has

been preferred on behalf of the petitioner who is in custody in

connection with F.I.R. No.79/2016, registered at Police Station

Maroth, District Nagaur for the offences under Sections 363 and

366A IPC and Section 16/17 POCSO Act, 2012.

3.

As per the statement of Rajendra Kumar, brother of the

victim, it is apparent that there were prolonged mutual relations

between the victim and co-accused Mukesh Khokar. Even in the

statement of the victim recorded under Section 164 Cr.P.C. the

allegation of sexual assault is against Mukesh Khokhar. The

petitioner is said to be a person who facilitated Mukesh Khokhar in

committing the offence. Be that as it may. Having regard to the

facts and circumstances available on record but without

expressing any opinion on the merits of the case, this Court is of

the opinion that the petitioner deserves to be released on bail.

4.

Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is directed that the petitioner Suja Ram arrested in

connection with the F.I.R. No. 79/2016, registered at Police

Station Maroth, District Nagaur shall be released on bail provided

he furnishes a personal bond of Rs.50,000/- and two surety bonds

of Rs.25,000/- each to the satisfaction of the learned trial court

with the stipulation to appear before that Court on all dates of

hearing and as and when called upon to do so.