Ram Sahib vs State Of Rajasthan And Others

Manoj Kumar Garg, J

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No.162/2022, Police Station Kotadi, District Bhilwara for the offences punishable under Sections 363, 366-A, 344, 376-D & 120-B of Indian Penal Code and Sections 3/4 & 5(G)/6 of the POCSO Act, 2012.

Learned counsel for the petitioner submits that a specific averment for committing rape has been made by the prosecutrix against the co-accused Sita Ram and the present accused along with other co-accused was merely sitting outside the room. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the accused-petitioner.

Per contra, learned Public Prosecutor has opposed the bail application.

I have considered the arguments advanced before me and gone through the material available on record.

Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner, Ram Sahib S/o Kajod Gurjar, shall be enlarged on bail in F.I.R. No.162/2022, Police Station Kotadi, District Bhilwara provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.