Citation : 2021 Latest Caselaw 738 Raj/2
Judgement Date : 25 January, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
14313/2020
Udai Singh S/o Ganeshi, Resident Of Village Ajan (Bada Nagla)
Police Station, Udyog Nagar, Distt. Bharatpur ( At Present
Confined In Jail At Bharatpur)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Nishant Sharma
For Respondent(s) : Mr. Deshraj Gosingha, PP
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
25/01/2021
1. Petitioner has filed this bail application under Section
439 of Cr.P.C.
2. F.I.R. No. 99/2020 was registered at Police Station Udyog
Nagar, District Bharatpur for offence under Section 376 of I.P.C.
3. It is contended by counsel for the petitioner that the
complainant and his parents have turned hostile. From the record
it is revealed that complainant was knowing about the relationship
of petitioner with his wife. There is an inordinate delay in lodging
of FIR. The deceased after treatment went to her home. There is
no allegation in Section 161 Cr.P.C. Thereafter in statements
recorded under Section 164 Cr.P.C., she has levelled allegation
with regard to rape and blackmailing. It is also contended that no
obscene material has been recovered from the petitioner.
(2 of 2) [CRLMB-14313/2020]
4. Learned Public Prosecutor has opposed the bail application.
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 /5
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