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IN THE HIGH COURT OF RAJASTHAN
Vinit Kumar Mathur, J.
Chotha Ram - Appellant
Versus
State Of Rajasthan - Respondent
S.B. Criminal Miscellaneous Bail Application No. 2285 of 2020
Decided On : 24-02-2020
Bail Application - Enlargement on Bail - The court allowed the bail application filed under Section 439 Cr.P.C. and ordered the accused-petitioner to be released on bail upon furnishing a personal bond and sureties.
Fact of the Case:
The petitioner filed a bail application under Section 439 Cr.P.C. in connection with F.I.R. No.51/2019, for offenses under Sections 363, 366-A, 376(D) & 323 of IPC and Section 5(G)/6 of the Protection Children From Sexual Offence Act, 2012. The victim and other prosecution witnesses had been declared hostile.
Finding of the Court:
The court, upon consideration of the arguments, found that the bail application deserves to be accepted and ordered the petitioner to be released on bail.
Issues: Bail Application, Victim and Prosecution Witnesses Declared Hostile
Ratio Decidendi: The court considered the lack of support from the victim and other prosecution witnesses, as well as the circumstances of the case, in deciding to grant bail to the petitioner.
Final Decision: The bail application filed under Section 439 Cr.P.C. is allowed, and the accused-petitioner is ordered to be released on bail upon fulfilling certain conditions.
JUDGMENT
1. 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.51/2019, Police Station Samdari, District Barmer for the offences under Sections 363, 366-A, 376(D) & 323 of IPC and Section 5(G)/6 of the Protection Children From Sexual Offence Act, 2012.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner submits that the victim has appeared before the learned trial Court as PW-4. She has not supported the prosecution case & thus, she has been declared hostile. The other prosecution witnesses i.e. mother and father of the victim have also not supported the case of the prosecution and they too have been declared hostile. He further submits that the co-accused Chelaram has been enlarged on bail by the co-ordinate Bench of this Court vide order dated 07.02.2020. Therefore, it is prayed that the petitioner may be enlarged on bail.
4. The learned Public Prosecutor opposes the bail application. 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.
5. Consequently, the present bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Chotha Ram S/o Shri Ganga Ram arrested in connection with F.I.R. No.51/2019, Police Station Samdari, District Barmer 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.
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