Citation : 2021 Latest Caselaw 2638 Raj
Judgement Date : 1 February, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1413/2021
Narpat S/o Jetha Ram, Aged About 20 Years, R/o Ramnagar, Police Station Chhatargarh Dist. Bikaner. (At Present Lodged In Central Jail, Bikaner).
----Petitioner Versus State, Through Pp
----Respondent
For Petitioner(s) : Mr. R.S. Choudhary
For Respondent(s) : Mr. Mahipal Bishnoi, PP
Mr. H.S. Shrimali for complainant
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
01/02/2021
Heard learned counsel for the parties and perused
the material available on record.
The petitioner(s) has/have been arrested in FIR
No.138/2020 of Police Station Chhattargarh, Bikaner for
the offence(s) punishable under Section(s) 354-A(1)(ii),
376/511, 457 IPC. He/she/they has/have preferred
this/these bail application(s) under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that
allegation against the petitioner to the effect that he
attempted to commit rape upon the prosecutrix is
absolutely false. It is submitted that as a matter of fact,
the complainant party had severely assaulted the
petitioner and in relation to that, an FIR was lodged
(2 of 2) [CRLMB-1413/2021]
against them, in which, charge-sheet for offence under
Section 307 IPC was filed by the police.
Learned Public Prosecutor as well as learned counel
for the complainant have vehemently opposed the bail
application.
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) - Narpat S/o Jetha Ram shall be released on
bail in connection with FIR No.138/2020 of Police Station Chhattargarh, Bikaner 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
ms rathore
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