Rajasthan High Court – Jodhpur
Bhaskar @ Bhakhar Ram vs State Of Rajasthan (2025:Rj-Jd:20830) on 1 May, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:20830]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1012/2025
Bhaskar @ Bhakhar Ram S/o Tejaram, Aged About 24 Years, R/o
Mandawala, Tehsil And P.s Sindhari, Dist Barmer (Balotra) (At
Present lodged at Central Jail, Jodhpur)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Peera Ram S/o Manganaram, R/o Dabli Sara Chava , Dist
Barmer.
----Respondents
For Petitioner(s) : Mr. Dinesh Vishnoi
For Respondent(s) : Mr. Pawan Kumar Bhati, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
01/05/2025
The present third bail application has been filed under
Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial
custody in connection with FIR No.359/2021 registered at Police
Station Sadar Barmer, District Barmer for the offences punishable
under Sections 363, 366A, 376(D), 376(2)(N) of IPC and Section
5(G)(L)/6 & 11(IV)/12 of POCSO Act.
The second bail application was dismissed as not pressed by
this Court vide order dated 08.02.2024.
Learned counsel for the petitioner submits that the
prosecutrix has been examined as PW.1 before the court and in
her statement she mentioned that she used to talk with the
present petitioner. Counsel submits petitioner is behind the bars
for more than three years and up to this time 13 prosecution
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witness have been examined out of total 19 prosecution witnesses
and trial of the case is yet pending. In support of his contentions,
learned counsel placed reliance on the judgment of Honb’le
Supreme Court in the case of Balwinder Singh Vs. State of Punjab
& Anr. (Special Leave to Appeal (Crl.) No.8523/2024) in which
while granting bail it has been observed as under:
” 9. The incident in the present case occurred on
25.06.2020 and the petitioner was arrested
soon thereafter on 26.06.2020. By now, 6 co-
accused have been granted bail. As the
prosecution wishes to examine 17 more
witnesses, the trial is unlikely to conclude on a
near date.
10. Considering the above and to avoid the
situation of the trial process itself being the
punishment particularly when there is
presumption of innocence under the Indian
jurisprudence, we deem it appropriate to grant
bail to the petitioner – Balwinder Singh. It is
ordered accordingly. Appropriate bail conditions
be imposed by the learned trial court.”
A coordinate Bench of this Court in the case of Umesh Vyas
vs. State of Rajasthan (S.B. Criminal Misc. II Bail Application
No.14958/2022), vide order dated 17.03.2023, also observed as
follows:
“The Hon’ble Supreme Court in the cases of Abdul
Majeed Lone Vs. Union Territory of Jammu and
Kashmir [Special Leave to Appeal (Crl.)
No.3961/2022], Amit Singh Moni Vs. State of
Himachal Pradesh (Criminal Appeal No.668/2020),
Tapan Das Vs. Union of India [Special Leave to
Appeal (Criminal) No.5617/2021], Kulwant Singh
Vs. State of Punjab [Special Leave to Appeal
(Criminal) No.5187/2019], Ghanshyam Sharma
Vs. State of Rajasthan [Special Leave to Appeal
(Criminal) No.5397/2019], Nadeem Vs. State of
UP [Special Leave to Appeal (Criminal)
No.1524/2022] and Mukesh Vs. The State of
Rajasthan [Special Leave to Appeal (Criminal)
No.4089/2021] has granted bail to the accused
persons, against whom the allegations are of
transporting or possessing narcotic contraband(Downloaded on 01/05/2025 at 09:52:47 PM)
[2025:RJ-JD:20830] (3 of 4) [CRLMB-1012/2025]above commercial quantity, on the ground of
custody period and taking into consideration the
fact that the trial against the said accused persons
will take time in completion. The Hon’ble Supreme
Court has ordered for release of the accused
persons who were in custody from two years to
four years. Learned Public Prosecutor has opposed
the bail application.
Having regard to the totality of the facts and
circumstances of the case, I deem it appropriate to
allow this fifth bail application solely on the ground
of custody period of the accused petitioner and
keeping in view the fact that the trial against him
has not been completed till date.
Accordingly, without expressing any opinion
on the merits of the case, this third bail
application filed under Section 439 Cr.P.C. is
allowed and it is directed that petitioner Umesh
Vyas S/o Shri Ganeshlal Ji shall be released on
bail in connection with FIR No.15/2019 of Police
Station Charbhuja, District Rajsamand provided
he executes a personal bond in a sum of
Rs.50,000/- with two sound and solvent sureties
of Rs.25,000/- 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.”
The petitioner is in judicial custody since 20.10.2021 and the
trial of the case will take sufficiently long time. With these
submissions, learned counsel for the petitioner prayed that the
benefit of bail may be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the prayer of bail.
I have considered the arguments advanced before me and
gone through the material available on record.
Upon perusal of statement of the prosecutrix (PW.1), it is
revealed that she used to talk to the present petitioner on call
which reflects that prosecutrix has relationship with him. The co-
accused Harish has already been enlarged on bail by this Court.
Furthermore, it is not disputed that the accused petitioner has so
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far suffered incarceration of more than 3 years and trial is still
going on. Therefore, I deem it just and proper to grant bail to the
accused petitioner under Section 439 Cr.P.C.
Accordingly, the third bail application filed under Section 439
Cr.P.C. is allowed and it is directed that petitioner – Bhaskar @
Bhakhar Ram S/o Tejaram shall be released on bail in connection
with FIR No.359/2021 registered at Police Station Sadar Barmer,
District Barmer for provided he executes a personal bond in a sum
of Rs.1,00,000/- with two sureties of Rs.50,000/- 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.
(MANOJ KUMAR GARG),J
65-Rashi/-
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