Suresh vs State Of Rajasthan
2021 Latest Caselaw 19014 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 15930/2021

Suresh S/o Shri Ratana Garasiya, Aged About 23 Years, R/o Village Malva - Ka Chora, P.s. Bekariya, District Udaipur. (Rajasthan) (Presently Lodged In Central Jail, Udaipur)

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

----Respondent

For Petitioner(s) : Mr. Hitendra Singh For Respondent(s) : Mr. A.R. Chaudhary, 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.41/2020 of Police

Station Bekariya, District Udaipur for the offences punishable

under Sections 342, 366 and 376 of IPC. He has preferred this bail

application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

allegations against the petitioner of sexual assault is absolutely

false. It is submitted that the prosecutrix is ex-wfie of the

petitioner and on account of matrimonial disputes between them,

she has lodged this false complaint against him. It is further

submitted that charge-sheet has been filed and trial of the case

will take time.

Learned Public Prosecutor has opposed the bail application.

(2 of 2) [CRLMB-15930/2021]

Having regard to the totality of the facts and circumstances

of the case, 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 Suresh S/o Shri

Ratana Garasiya shall be released on bail in connection with FIR

No.41/2020 of Police Station Bekariya, District Udaipur 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

69-Arun/-

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