Prakash vs State
2021 Latest Caselaw 2810 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1486/2021

Prakash S/o Sh. Mal Singh, Aged About 34 Years, R/o Village Nagdabadi, P.s. Kushalgarh, Dist. Banswara (Raj.). (Presently Lodged In District Jail, Banswara).

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Shambhoo Singh Rathore For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

02/02/2021

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.275/2020 of

Police Station Kushalgarh District Banswara for the offences

punishable under Sections 376 (F) and 376 (N) IPC. He has

preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that

complaint regarding sexual assault has been filed after a delay of

more than twenty days. It is further submitted that the

complainant is major married lady and she developed relationship

with the petitioner as per her own free will. It is also submitted

that no explanation regarding the delay in filing FIR has been

(2 of 2) [CRLMB-1486/2021]

offered. 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.

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 Prakash S/o Sh.

Mal Singh shall be released on bail in connection with FIR

No.275/2020 of Police Station Kushalgarh District Banswara

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

SURABHII/74-

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