Jay Kishan vs State Of Rajasthan
2021 Latest Caselaw 2329 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1176/2021

Jay Kishan S/o Kheraj Ram, Aged About 21 Years, Meghava, Tehsil Sanchore, District Jalore (Raj.). (At Present Lodged In Sub Jail Sanchore).

----Petitioner Versus State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s) : Mr. Dinesh Vishnoi For Respondent(s) : Mr. Mohd. Javed Gauri, PP For Complainant(s) : Mr. Ramesh Kumar

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

28/01/2021

Heard learned counsel for the parties and also perused the

material on record.

The petitioner has been arrested in FIR No.202/2020 of

Police Station Chitalwana District Jalore for the offences

punishable under Sections 456, 376/511, 341, 323, 325/34,

365/34, 384, 447 IPC. He has preferred this bail application under

Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

petitioner has falsely been implicated in this case. It is argued that

as a matter of fact, the petitioner was abducted and assaulted by

the complainant party and in relation to that, when he has filed an

FIR No. 201/2020 at Police Station Chitalwana, then in counter to

(2 of 2) [CRLMB-1176/2021]

that, the present FIR No. 202/2020 has been lodged against the

petitioner.

Learned Public Prosecutor as well as learned counsel for the

complainant have vehemently opposed the bail application.

Learned counsel for the complainant has submitted that the

petitioner has unauthorisedly entered into the house of the

complainant and tried to commit rape upon her.

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 Jay Kishan S/o

Kheraj Ram shall be released on bail in connection with FIR

No.202/2020 of Police Station Chitalwana District Jalore 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/31-

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