Narendra Kumar vs State
2021 Latest Caselaw 19486 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 13293/2021

Narendra Kumar S/o Dalip Jaat (Beniwal), Aged About 33 Years, B/c Jaat, R/o Thethar, Current Dhani 3 Ttd - A, Ps - Rajiasar, District Sri Ganganagar. (At Present Lodged In Central Jail, Sriganganagar)

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Suryadeep Bishnoi

For Respondent(s) : Mr. Shrawan Bishnoi, PP

Mr. Umesh Kant Vyas for complainant

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

20/12/2021

Heard learned counsel for the parties and perused

the material available on record.

The petitioner(s) has/have been arrested in FIR

No.131/2021 of Police Station Rajiasar, Distt. Sri

Ganganagar for the offence(s) punishable under

Section(s) 376(2)(N) IPC. He/she/they has/have

preferred this/these bail application(s) under Section 439

Cr.P.C.

(2 of 3) [CRLMB-13293/2021]

Learned counsel for the petitioner has submitted that

allegation of sexual assault, levelled against the

petitioner, is absolutely false. It is further submitted that

the complainant is major and she went with the petitioner

on her own free will. It is argued that in relation to the

said incident, a missing person report was lodged at the

instance of complainant's brother, in which, the

complainant had appeared before the IO and specifically

stated that she went with the petitioner on her own free

will and he did not do anything wrong with her. It is

argued that again on 22.6.2021, the complainant along

with her brothers had appeared before the SHO, PS

Rajiasar and reiterated the same facts, however later on,

on 30.7.2021, the complainant under pressure of her

family members, has lodged this false FIR against the

petitioner. Learned counsel has submitted that from

perusal of the charge-sheet, it is clear that twice the

complainant had appeared before the police and

specifically stated that she went with the petitioner on

her own free will.

Learned Public Prosecutor as well as learned counsel

for the complainant have vehemently opposed the bail

application.

(3 of 3) [CRLMB-13293/2021]

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 petitioner(s) under Section

439 Cr.P.C.

Accordingly, this/these bail application(s) filed under

Section 439 Cr.P.C. is/are allowed and it is directed that

petitioner(s) - Narendra Kumar S/o Dalip Jaat (Beniwal)

shall be released on bail in connection with FIR

No.131/2021 of Police Station Rajiasar, Distt. Sri

Ganganagar provided he/she/they execute(s) a personal

bond in the 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/her/their 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

30-msrathore/-

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