POKAR RAM AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned Counsel for the applicants as well as learned Public Prosecutor and perused the material available on record. The applicants are accused of offence under Sections 363, 366(i) and 376(2)(g) of IPC.

(2.) LEARNED Counsel for the accused applicants submits that the applicants have been falsely implicated in this case and they're innocent persons, therefore, indulgence of anticipatory bail may be extended in their favour. He further submits that the applicants are peace loving and respectable persons, and there is no possibility of applicants escaping or absconding during the trial. The applicants are ready and willing to offer surety for their release on bail and for compliance of the conditions that may be imposed by the Court while releasing them on bail. He further contended that a bare perusal of the record would show that there is previous enmity between the complainant party and present applicants, and, therefore, they have been falsely nabbed in this case with ulterior motive. He further submits that though the police submitted FR, however, on application under Section 319 Code of Criminal Procedure moved by the prosecution, learned trial court vide order impugned dated 16.05.2011 arrayed the applicants as additional accused in the matter and summoned them through arrest warrant. In such circumstances, the accused applicants may be released on anticipatory bail otherwise their future will be badly affected.

(3.) HAVING regard to the nature of the accusation, gravity of the offence, material on record and totality of the facts and circumstances of the present case and, so also, there is prima -facie positive evidence about commission of alleged offences and, the competent court has taken cognizance against the applicants; and looking to the statements of the prosecutrix recorded Under Section 164 Code of Criminal Procedure ., without expressing any opinion on the merits of the case, I am not inclined to release the applicants on bail under Section 438 Code of Criminal Procedure