Pushpendra Joshi S/O Shri Murari ... vs State Of Rajasthan

Citation : 2021 Latest Caselaw 2581 Raj/2
Judgement Date : 5 July, 2021

Rajasthan High Court
Pushpendra Joshi S/O Shri Murari ... vs State Of Rajasthan on 5 July, 2021
Bench: Pankaj Bhandari
          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

          S.B. Criminal Miscellaneous Bail Application No.
                                   9080/2021

Pushpendra Joshi S/o Shri Murari Lal Joshi, Aged About 22 Years,
R/o Karanpur, Police Station Karanpur, District Karauli (Raj.). (At
Present Confined In District Jail Sikar, Distt. Sikar)
                                                                      ----Petitioner
                                       Versus
State Of Rajasthan, Through Pp.
                                                                    ----Respondent

For Petitioner(s) : Mr. Vijay Kumar Jangid through VC For Respondent(s) : Mr. Sher Singh Mahla, PP HON'BLE MR. JUSTICE PANKAJ BHANDARI Judgment / Order 05/07/2021

1. Petitioner has filed this bail application under Section 439 Cr.P.C.

2. F.I.R. No.358/2020 was registered at Police Station Sadar, Sikar, District Sikar for offence under Sections 366 & 376(2)(n) I.P.C.

3. It is contended by counsel for the petitioner that petitioner and the prosecutrix were having consensual relationship. There is an inordinate delay of three months in lodging of the F.I.R. Prosecutrix called the petitioner and went with him on her own free will. She stayed with the petitioner without raising any alarm at any point of time. Charge-sheet has been filed. Conclusion of trial will take time.

4. Learned Public Prosecutor has opposed the bail application. (Downloaded on 07/07/2021 at 09:37:33 PM)

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5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the petitioner, I deem it proper to allow the bail application.

7. This bail application is, accordingly, allowed and it is directed that accused-petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that he shall appear before that Court and any Court to which the matter be transferred, on all subsequent dates of hearing and as and when called upon to do so.

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