Ravindra Singh vs State, Through PP

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.392/2019, Police Station- Ratanada, District Jodhpur for the offences under Sections 363, 328, 376 of IPC and section 3/4 of POCSO Act, 2012.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

It is submitted by learned counsel for the petitioner that as per the statements of the petitioner recorded under section 161 and 164 Cr.PC, there is no allegation of committing rape against the petitioner. He further submits that the petitioner had taken the victim to show a movie and thereafter to a hotel but he has not committed any wrong with her. As per the statement of Dhirendra Singh, Manager of the hotel, he stated that on being asked the petitioner and the victim, they stated that they had come from Jaipur for appearing in a competitive exam at Jodhpur. He further stated that when they left the hotel, no bottle, cigarette or Gutkha was found in the room. He further submits that charge sheet has already been filed in the matter. It is contended that some objectionable photographs are said to have been forwarded but the same have not been produced before the police. Moreover, co-accused Dharmpal Singh who is alleged to have forwarded the objectionable photographs has already been enlarged on bail by a coordinate bench of this court vide order dated 18.12.2019. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be enlarged on bail.

The learned Public Prosecutor 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 petitioner deserves to be accepted.

Consequently, the bail application is allowed. It is ordered that the accused-petitioner Ravindra Singh S/o Shri Pratap Singh arrested in connection with F.I.R. No.392/2019, Police Station-Ratanada, District Jodhpur shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) 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.