Ganesh Singh @ Mogla vs State Of Rajasthan
2021 Latest Caselaw 2373 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1177/2021

Ganesh Singh @ Mogla S/o Madan Singh Ji, Aged About 23 Years, By Caste Rawat, R/o Naharpura Presently Relada, Police Station Sendara, District Pali (Rajasthan). (Lodged In Sub Jail Jaitaran, Dist. Pali).

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

----Respondent

For Petitioner(s) : Mr. Awar Dan Ujjwal For Respondent(s) : Mr. Mohd. Javed Gauri, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

28/01/2021

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.159/2020 of

Police Station Sendara District Pali for the offences punishable

under Sections 450, 376/(2)(N), 506 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 absolutely

false. It is further submitted that the FIR in relation to the alleged

incident was filed after three days and no satisfactory explanation

has been offered in this regard. It is also submitted that as a

matter of fact, the petitioner was in relationship with the

prosecutrix, however, when her father-in-law saw them in

(2 of 2) [CRLMB-1177/2021]

compromising condition, this false FIR has been lodged under the

pressure of family members of the prosecturix. 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 Ganesh Singh @

Mogla S/o Madan Singh Ji shall be released on bail in connection

with FIR No.159/2020 of Police Station Sendara District Pali

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/32-

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