Rajendra Kumar @ Raju S/O Shri ... vs State Of Rajasthan
2021 Latest Caselaw 3847 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Second Bail Application No.
                                6803/2021

Rajendra Kumar @ Raju S/o Shri Pappulal @ Pappu Valmiki, R/o
Vill. Ghaghtana Ps Kaithun Dist. Kota Raj. (At Present Lodged In
Central Jail Kota)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent

For Petitioner(s)         :     Mr. N.S. Dhakad
For Respondent(s)         :     Mr. Sher Singh Mahla, PP



           HON'BLE MR. JUSTICE PANKAJ BHANDARI

                          Judgment / Order

18/08/2021

1. Petitioner has filed this second bail application under Section

439 Cr.P.C.

2. F.I.R. No.139/2019 was registered at Police Station Budadit,

District Kota, Raj. for offence under Section 363 I.P.C.

3. It is contended by counsel for the petitioner that the

statement of the prosecutrix has been recorded, whenever she

has admitted her photographs with the petitioner which in fact is

pertaining to the marriage of petitioner with the prosecutrix.

However, she has stated that petitioner did not put any Sindoor or

Garland and that she has not married the petitioner. It is also

contended that petitioner has remained in custody for a period of

one year and eight months. It is further contended that

prosecutrix was nearing the age of majority. Conclusion of trial will

(2 of 2) [CRLMB-6803/2021]

take time.

4. Learned Public Prosecutor has opposed the second bail

application.

5. I have considered the contentions and have perused the

statement of prosecutrix.

6. From perusal of the photographs which have been exhibited

and which the prosecutrix has admitted, it appears that petitioner

and prosecutrix were married and the prosecutrix stayed with the

petitioner for a period of two and a half months without raising

any alarm or without making any complaint and also taking note

of the custody period and considering the contentions put forth by

counsel for the petitioner, I deem it proper to allow the second bail

application.

7. This second 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.

(PANKAJ BHANDARI),J

Nikhil Kr. Yadav / 22

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