Kantilal vs State
2021 Latest Caselaw 5366 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1870/2021

Kantilal S/o Sh. Ramlal, Aged About 24 Years, R/o Kalwani, Ps Ghantali, District Pratapgarh (At Present Lodged In District Jail, Pratapgarh).

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Ramesh Purohit For Respondent(s) : Mr. Vikram Sharma, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

24/02/2021

Heard learned counsel for the parties and perused

the material available on record.

The petitioner(s) has/have been arrested in FIR

No.95/2020 of Police Station Ghantali, District Pratapgarh

for the offence(s) punishable under Section(s) 376 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 of sexual assault levelled against the petitioner

is absolutely false. It is further submitted that prosecutrix

is a major lady and she developed physical relations with

the petitioner on her own free will. It is also submitted

that there is delay in filing complainant against the

petitioner.

(2 of 2) [CRLMB-1870/2021]

Learned Public Prosecutor has opposed the bail

application(s).

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) - Kantilal S/o Sh. Ramlal shall be released

on bail in connection with FIR No.95/2020 of Police

Station Ghantali, District Pratapgarh 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

29-msrathore/-

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