Hanuman S/O Ramnarayan vs State Of Rajasthan
2021 Latest Caselaw 608 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous Bail Application No.
                              15547/2020

Hanuman S/o Ramnarayan, Aged About 40 Years, R/o Thathera
Mohalla Bizli Office Ke Pass Sahar Dist. Sawaimadhopur (At
Present Confined In Dist. Jail Sawaimadhopur)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent

For Petitioner(s)        :     Mr. Tarun Jain
For Complainant(s)       :     Mr. Sanjay kumar Singhal
For State                :     Mr. Deshraj Gosingha, PP



          HON'BLE MR. JUSTICE PANKAJ BHANDARI

                         Judgment / Order

21/01/2021

1. Petitioner has filed this bail application under Section

439 of Cr.P.C.

2. F.I.R. No. 108/2020 was registered at Police Station Mahila

Thana, District Sawaimadhopur for offence under Sections 376,

366, 406, 420467 of I.P.C.

3. It is contended by counsel for the petitioner that initially the

missing report was lodged on 7 th October, 2020 by the husband of

prosecutrix, in which he mentioned that his wife left the house at

5:00 pm with the children and she took jewellery and cash with

her. It was mentioned in FIR that the husband of the prosecutrix

dialed her mobile number but she did not answer the phone. It is

also contended that present FIR has been lodged with regard to

(2 of 2) [CRLMB-15547/2020]

rape against the present petitioner. It is contended that

prosecutrix went on her own free will and this criminal complaint

was lodged due to the pressure of her husband and family

members.

4. Learned Public Prosecutor and counsel for the petitioner have

opposed the bail application. It is contended that the prosecutrix

in her statement recorded under Section 164 Cr.P.C. has

specifically alleged that she was forcefully taken by the petitioner,

and was confined in the house and was raped.

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the

petitioner, I deem it proper to allow the bail application.

7. This bail application is accordingly allowed and it is directed

that accused petitioner shall be released on bail provided he

furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees

One Lac only) together with two sureties in the sum of

Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction

of the learned trial court with the stipulation that he shall appear

before that Court and any court to which the matter is transferred,

on all subsequent dates of hearing and as and when called upon to

do so.

(PANKAJ BHANDARI),J

NIKHIL KR. YADAV /23

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