Rajasthan High Court - Jodhpur
Narayan Lal @ Ravi vs State Of Rajasthan on 4 February, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 578/2021
Narayan Lal @ Ravi S/o Balu, Aged About 26 Years, R/o Nimjhar,
Police Station Devgarh, District Rajasamand. (At Present Lodged
In District Jail Rajsamand).
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Vikram Singh
For Respondent(s) : Mr. S.K. Bhati, PP
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Judgment / Order
04/02/2021
The present bail application has been filed under Section 439
Cr.P.C. on behalf of the petitioner, who is in judicial custody in
connection with F.I.R. No.413/2020, Police Station Devgarh,
District Rajsamand, registered for the offence under Sections
376(2)(N), 509, 384, 354, 504 of IPC.
Heard and considered the arguments advanced by the
learned counsel for the petitioner and learned Public Prosecutor.
Perused the material available on record.
Learned counsel for the petitioner stated that prosecutrix is
34 years old married lady; there was relation between petitioner
and prosecutrix for last two years. Learned counsel for the
petitioner further stated that after reading statement of
prosecutrix 'R' recorded under Section 164 Cr.P.C., he urges that it
is a case of mutual consent and accused-petitioner has wrongly
been implicated in this case. During investigation, no objectional
(2 of 2) [CRLMB-578/2021]
photographs or videos found in mobile recovered from accused-
petitioner and the trial will take time. With these submissions,
learned counsel for the petitioner prayed that the benefit of bail
may be granted to the accused-petitioner.
Per contra, learned Public Prosecutor stated that during the
statement recorded under Section 164 Cr.P.C., prosecutrix 'R' has
supported the story of prosecution. Therefore, benefit of bail may
not be granted to the accused-petitioner.
Having regard to the facts and circumstances of the case,
particularly looking to the statement of prosecutrix recorded under
Section 164 Cr.P.C. and recovery memo of mobile, and the trial
will take sufficiently long time, therefore, without expressing any
opinion on the merits/demerits of the case, this Court is of the
opinion that the bail application filed by the petitioner deserves to
be accepted.
Consequently, the bail application is allowed. It is ordered
that the accused-petitioner Narayan Lal @ Ravi S/o Balu, arrested
in connection with F.I.R. No.413/2020, Police Station Devgarh,
District Rajsamand, shall be released on bail, if not wanted in any
other case; provided he furnishes a personal bond of Rs.50,000/-
and two surety bonds of Rs.25,000/- each to the satisfaction of
the learned trial Court with the stipulation to appear before that
Court on all dates of hearing and as and when called upon to do
so.
(DEVENDRA KACHHAWAHA),J
40-amit/-
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