Devanand @ Kalu vs State Of Rajasthan
2021 Latest Caselaw 4755 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2543/2021

Devanand @ Kalu S/o Shri Bhagaram, Aged About 28 Years, B/c Meghwal, R/o Chak 5 KSP, PS Tibbi, District Hanumangarh, Rajasthan.

(Presently Lodged At Jail, Sri Ganganagar).

                                                                    ----Petitioner
                                     Versus
The State Of Rajasthan
                                                                  ----Respondent


For Petitioner(s)          :     Mr. N.K. Sharma
For Respondent(s)          :     Mr. A.R. Choudhary, P.P.
For Complainant(s)         :     Mr. Tanwar Singh



             HON'BLE MR. JUSTICE VIJAY BISHNOI

                           Judgment / Order

19/02/2021

Heard learned counsel for the parties and also perused the

material on record.

The petitioner has been arrested in FIR No.309/2020 of

Police Station Sadul Shahar, District Sri Ganganagar for the

offence punishable under Section 376 IPC. He has preferred this

bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

allegation against the petitioner of sexual assault is false. It is

submitted that the prosecutrix is the aunt of the petitioner and on

account of some money dispute she has levelled this false

allegation against the petitioner. It is argued that it is very difficult

to comprehend that the petitioner sexually assaulted the

(2 of 2) [CRLMB-2543/2021]

prosecutrix in the presence of her husband in the house. It is

further submitted that as per the complaint, the alleged incident

took place on 17.09.2020, however, the complaint regarding the

same was filed in the court on 05.11.2020 and no satisfactory

explanation had been given of the said delay.

Learned Public Prosecutor as well as learned counsel for the

complainant have 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 - Devanand @

Kalu S/o Shri Bhagaram shall be released on bail in connection

with FIR No.309/2020 of Police Station Sadul Shahar, District Sri

Ganganagar 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

Abhishek Kumar S.No.72

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