Hari Ram vs State Of Rajasthan
2021 Latest Caselaw 18943 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 14140/2021

Hari Ram S/o Sh. Ramniwas, Aged About 26 Years, Alai, Police Station Sribalaji, Dist. Nagaur (Raj.). (Presently Lodged At Sub Jail, Nokha, Dist. Bikaner).

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Mahaveer Bishnoi For Respondent(s) : Mr. Mahipal Bishnoi, PP For Complainant(s) : Mr. G.R. Punia, Sr. Adv. assisted by Mr. Mahaveer Bhanwariya

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

13/12/2021 Heard learned counsel for the parties and also perused the

material on record.

The petitioner has been arrested in FIR No.86/2021 of Police

Station Panchodi, District Nagaur for the offences punishable

under Sections 363, 366 abd 376 of IPC. He has preferred this bail

application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that

allegations of abduction and sexual assault, levelled against the

petitioner, are absolutely false. It is argued that as the matter of

fact, the prosecutrix is 22 years' old and she eloped with the

petitioner on her own free will, however now, under the pressure

of her family members, the prosecutrix has lodged a false FIR

against the petitioner. It is further submitted that charge sheet

(2 of 2) [CRLMB-14140/2021]

has been filed and trial of the case is likely to take, therefore, the

petitioner may be enlarged on bail.

Per contra, learned Public Prosecutor and learned counsel for

complainant - Mr. G.R. Punia assisted by Mr. Mahaveer Bhawariya,

Advocate have vehemently opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case and after going through the charge-sheet, without

expressing any opinion on the merits of the case, I deem it just

and proper to grant bail to the accused petitioner under Section

439 Cr.P.C.

Accordingly, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner Hari Ram S/o

Sh. Ramniwas shall be released on bail in connection with FIR

No.86/2021 of Police Station Panchodi, District Nagaur 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.

(VIJAY BISHNOI),J

25-Arun -

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