Amit Samariya @ Dipty S/O Kaluram vs State Of Rajasthan
2021 Latest Caselaw 7357 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Bail Application No. 19038/2021

Amit Samariya @ Dipty S/o Kaluram, Aged About 22 Years, R/o
Shyampuri Gali No. 3 Heeda Ki Mori Ramganj Bazar Jaipur Ps
Ramganj Dist. Jaipur (At Present In Central Jail Ajmer)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent

For Petitioner(s) : Mr. Narendra Kumar Gajua For Respondent(s) : Mr. Arvind Kumar, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

08/12/2021

1. The present bail application has been filed under Section 439

Cr.P.C. The petitioner has been arrested in connection with FIR

No.220/2021 registered at Police Station Madanganj, District

Ajmer for the offence(s) under Sections 366, 376, 376 (2) (N),

354 of IPC and Section 67 of I.T. Act.

2. Learned counsel for the petitioner submits that a patently

false case has been foisted against the petitioner. He has not

committed any offence. He submits that the allegations levelled in

the FIR and the statement recorded under Section 164 of Cr.P.C.

would not inspire the confidence as the same is not trustworthy.

He submits that the allegation of seducement has been levelled on

the pretext of making a false promise to marry. He submits that in

view of the catena of judicial pronouncement made by the Hon'ble

Supreme Court that in case a false promise to marry, it cannot be

(2 of 2) [CRLMB-19038/2021]

presumed that right from inception the intent of the petitioner was

to seduce the lady and not to marry her. He further submits that

the petitioner is a 22 years young boy and the trial would likely to

take time to culminate.

3. Learned Public Prosecutor has opposed the bail application.

4. Considering the contentions put-forth by the counsel for the

petitioner and the reliance of the judgment passed by the

Supreme Court in Pramod Suryabhan Pawar Vs. The State of

Maharasthra; Criminal Appeal No.1165 of 2019 decided on

21.08.2019; without expressing any opinion on the merits of the

case, this court deems it just and proper to enlarge the petitioner

on bail.

5. Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is ordered that the accused-petitioner Amit

Samariya @ Dipty S/o Kaluram, shall be enlarged on bail

provided he furnishes a personal bond in the sum of Rs.50,000/-

with two sureties of Rs.25,000/- each to the satisfaction of the

learned trial Judge for his appearance before the court concerned

on all the dates of hearing as and when called upon to do so.

(FARJAND ALI),J

TN/69

Powered by TCPDF (www.tcpdf.org)