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RAMESH CHANDRA versus STATE

High Court of Rajasthan

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RAMESH CHANDRA v STATE - CRLMB Case No. 3346 of 2007 [2007] RD-RJ 3493 (20 July 2007)

S.B.Cr.Misc. Bail App. No. 3346/2007

(Ramesh Chandra Vs.. State of Rajasthan)

Date of order : 20/7/2007

HON'BLE MR.H.R.PANWAR, J.

Mr. R.S.Chundawat for the petitioner.

Mr. Vishnu Kachhawaha Public Prosecutor.

Heard learned counsel for the petitioner and the Public

Prosecutor for the State. Perused the order impugned as also the statement of the prosecutrix recorded under Section 164 Cr.P.C.

The prosecutrix in her statement stated that her husband's name is Ramesh who is the petitioner herein, he used to come in night and commit sin act and thereby she became pregnant and subsequently she delivered a child who is 8 to 9 years of age.

From the statement of prosecutrix herself when she is having a child of nine years of age at this stage it cannot be said that at the relevant time she was 16 years of age.

Looking to the facts and circumstances of the case and having considered the oral arguments advanced by both the parties, I think it just and proper to enlarge the accused petitioner on bail.

Accordingly, this bail application filed under Sec. 439 Cr.P.C. is allowed and it is directed that petitioner Ramesh Chandra S/o Ram

Gujar be released on bail in FIR No. 16/2007 P.S. Phooliya Kallan, district Bhilwara, provided he executes a personal bond for a sum of

Rs.20,000/- with two sound and solvent sureties in the sum of Rs. 10,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

(H.R.PANWAR), J.

RP


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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