HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 4061/2021

Bhera Ram S/o Sh. Kharta Ram, Aged About 21 Years, R/o Sarno

Ki Dhani, Nehro Ki Nadi, P.s. Rgt Rawli Nadi Nagar, Dist. Barmer.

(Lodged In Sub Jail, Balotra).

----Petitioner

Versus

State Of Rajasthan, Through PP

----Respondent

For Petitioner(s)

:

Mr. Hapu Ram Vishnoi.

For Respondent(s)

:

Mr. Shrawan Bishnoi, PP.

HON'BLE MR. JUSTICE SANDEEP MEHTA

Order

24/03/2021

Heard learned counsel for the parties. Perused the material

available on record.

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.4/2021 registered at Police Station RGT

Rawli Nadi Nagar, District Barmer for the offences under Section

376(2)(N) IPC and Section 5(L)/6 of the POCSO Act.

The prosecutrix Mst. ‘N’ is a married woman. She lodged the

FIR aforestated against the petitioner at the Police Station RGT

Rawli Nadi Nagar, Barmer on 07.01.2021 alleging inter alia that

about two years ago, while she was grazing goats outside her

house all alone, the petitioner came around with an axe,

threatened her and established forcible sexual relations with her.

He also threatened that he had snapped her indecent photographs

and videos and if the incident was revealed to anyone, he would

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[CRLMB-4061/2021]

upload the incident photos and videos on the social media. The

prosecutrix became afraid of the threats given by the accused and

thus, she did not tell anyone of this incident. Thereafter also, the

accused allegedly continued to establish sexual relations with the

victim by blackmailing her with the indecent photos and videos. A

year ago, marriage of the prosecutrix was solemised with one

Dungra Ram and a child was born to her. The accused again

started threatening her and was demanding that she should

establish sexual relations with him. She made a complaint of this

development to her husband who talked to the accused

whereupon, a threat was given that the indecent photos and

videos of the prosecutrix would be made viral on social media. On

the basis of this report, the case aforesaid came to be registered

against the petitioner who was arrested and has been remanded

to judicial custody. After investigation, a charge-sheet has been

filed against the petitioner for the above offences in the court

concerned. The investigating officer has recorded a categoric

finding in the charge-sheet that on close scrutiny of the mobile

phone of the accused, no indecent photos or vidoes of the

prosecutrix were found therein nor did the prosecutrix present any

indecent photo or video which might have been uploaded on the

social media.

In this background and, having regard to the overall facts

and circumstances as noted above, considering the significant

delay in lodging the FIR, but without expressing any opinion on

the merits of the case, this Court is of the opinion that the

petitioner deserves to be enlarged on bail.

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

allowed and it is directed that the petitioner Bhera Ram arrested

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[CRLMB-4061/2021]

in connection with the F.I.R. No.4/2021 registered at Police Station

RGT Rawli Nadi Nagar, District Barmer 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.

(SANDEEP MEHTA),J

145-Tikam/-