MURLI MANOHAR SHARMA S/O SHRI JAGDISH PRASAD v. STATE OF RAJASTHAN

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous 2^ndBail Application No. 11074/2021

1. Heera Ram S/o Krishna Ram, Aged About 37 Years, R/o Sihaniya, P.s. Sedwa District Barmer. (Presently Lodged In Sub Jail Balotra)

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Girdhar Singh Bhati Mr. Jagdish Singh

For Respondent(s) : Mr. A.R. Choudhary Public Prosecutor Mr. Jai Naveen for complainant

HON'BLE MR. JUSTICE RAMESHWAR VYAS Order

26/10/2021

The present 2^ndbail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners who are in custody in connection with FIR No.87/2021 registered at Police Station Sedwa, District Barmer for the offence punishable under Sections 3/4 (2), 16/17 of POCSO Act and Section 363, 366A and 376(3) of the IPC.

Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record. Learned counsel for the petitioners has submitted that in the present case, challan has been filed against Kabool and petitioners. The allegation of rape has not been levelled against

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(2 of 2) [CRLMB-11074/2021] the petitioners. In this case, main accused is Kabool. The petitioners have been made accused for offence of abetment under Section 16/17 of POCSO Act and Sections 363 and 366A of IPC. No other criminal case is pending against the petitioners. The petitioners are behind the bars and the conclusion of trial will take long time, therefore, it is prayed that the petitioners may be enlarged on bail.

Learned counsel for the complainant and learned Public Prosecutor have opposed the bail application.

In the facts and circumstances of the case, without expressing any opinion on the merits of the case, looking to the fact that allegation of rape with victim is not against the petitioners, this Court deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.

Accordingly, the 2^ndbail application filed under Section

439 Cr.P.C. is allowed and it is directed that petitioners (1) Heera Ram s/o Krishna Ram and (2) Dungara Ram s/o Bhugda Ram, shall be released on bail in connection with FIR No.87/2021 registered at Police Station Sedwa, District Barmer provided they furnish personal bond in the sum of Rs.1,00,000/- each with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

(RAMESHWAR VYAS),J

Anil Makwana/150

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