Jabbir S/O Shri Parmal vs State Of Rajasthan
2021 Latest Caselaw 1779 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

          S.B. Criminal Miscellaneous Bail Application No.
                                1430/2021

Jabbir S/o Shri Parmal, R/o Vill. Kanwadi Ps Pahadi Dist.
Bharatpur At Present In Sub Jail Deeg Dist. Bharatpur
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through The Pp
                                                                 ----Respondent

For Petitioner(s) : Mr. Harendra Singh through VC For Complainant(s) : Mr. Mohd Shakir Khan through VC For State : Mr. Riyasat Ali, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

17/02/2021

1. Petitioner has filed this bail application under Section 439

Cr.P.C.

2. F.I.R. No.134/2019 was registered at Police Station Pahadi

District Bharatpur for offence under Sections 323 & 376 I.P.C.

3. It is contended by counsel for the petitioner that the alleged

incident took place on 13.05.2019. F.I.R. has been lodged in June

after an inordinate delay of twenty days. It is also contended that

the allegation that prosecutrix was raped, cannot be a genuine

allegation as rape was said to be committed in the presence of

mother-in-law which is not possible. Petitioner is aged sixty five

years.

4. Learned Public Prosecutor and counsel for the complainant

have opposed the bail application. It is contended that prosecutrix

(2 of 2) [CRLMB-1430/2021]

was not allowed to meet her family members. She was beaten by

her mother-in-law and she was kept in the house for sixteen days

and for that reason she could not make a complaint.

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the

petitioner, I deem it proper to allow the bail application.

7. This bail application is, accordingly, allowed and it is directed

that accused-petitioner shall be released on bail provided he

furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees

One Lac only) together with two sureties in the sum of

Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction

of the trial Court with the stipulation that he shall appear before

that Court and any Court to which the matter be transferred, on

all subsequent dates of hearing and as and when called upon to do

so.

(PANKAJ BHANDARI),J

ARTI SHARMA /45

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