Ajay vs State Of Rajasthan
2021 Latest Caselaw 19006 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 16296/2021

Ajay S/o Ishwar Bhai Banjara, Aged About 22 Years, R/o G.s.f.c. Gate Nehru Nagar, Bajwa, P.s. Jawahar Nagar, Bajwa, District Baroda (Guj.) (Lodged In Sub Jail, Bali)

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

----Respondent

For Petitioner(s) : Mr. JVS Deora For Respondent(s) : Mr. Mohd. Javed Gauri, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

14/12/2021 Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.186/2021 of

Police Station Falna, District Pali for the offences punishable under

Sections 363 and 366 of IPC. He has preferred this bail application

under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

allegation against the petitioner of abduction of daughter of the

complainant is absolutely false. It is further submitted that the

petitioner is in judicial custody since long, therefore, he is entitled

to be enlarged on bail.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case, after perusing the case diary and taking into

(2 of 2) [CRLMB-16296/2021]

consideration the statements of the daughter of the complainant

recorded under Sections 161 and 164 Cr.P.C wherein, she has

specifically stated that she went with the petitioner as per her own

free will, 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 Ajay S/o Ishwar

Bhai Banjara shall be released on bail in connection with FIR

No.186/2021 of Police Station Falna, District Pali 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

84-Arun/-

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