Nema Ram And Ors vs State

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners who are in custody in connection with F.I.R.

No.123/2018, Police Station- Chitava District Nagaur for the offences under Sections 376 (1), 376 (2) (N), 120-B of IPC.

Heard learned counsel for the petitioners, learned Public Prosecutor as also learned counsel for the complainant. Perused the material available on

record.

It is submitted by learned counsel for the petitioners that the principal accused Prema Ram against whom allegation of rape has been is alleged has

already been enlarged on bail by a coordinate bench of this court vide order dated 30.10.2018. He further submits that the allegation against the

present petitioners is of aiding the principal accused in the commission of offence. There is no allegation of committing rape against the petitioners.

The charge sheet has already been filed in the case. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioners

may be enlarged on bail.

The learned Public Prosecutor opposes the bail. Learned counsel for the complainant vehemently opposes the bail.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail

application filed by the petitioners deserves to be accepted.

Consequently, the bail application is allowed. It is ordered that the accused-petitioners Nema Ram S/o Shri Prabhu Ram & Madan Lal S/o Shri

Dhanna Ram arrested in connection with F.I.R. F.I.R. No.123/2018, Police Station- Chitava District Nagaur shall be released on bail; provided they

furnish a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) each with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only)

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.