Hariom Prakash vs State
2021 Latest Caselaw 11757 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 9145/2021

Hariom Prakash S/o Late Shri Premshankar, Aged About 36 Years, R/o Narayanpura, P.s. Bhinder, Distt. Udaipur (Raj.) (Petitioner Is Lodged In Central Jail Udaipur)

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Anuj Sahlot For Respondent(s) : Mr. Anil Joshi, PP Mr. Praveen Bhati,

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Judgment / Order

28/07/2021

This bail application has been filed under Section 439 Cr.P.C.

in connection with FIR No.101/2021 registered at Police Station,

Bhinder, District Udaipur for offence under Section(s) 376 of IPC

and Section 67 of the I.T. Act.

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and perused the entire material available on

record.

Learned counsel for the petitioner submits that the petitioner

and the prosecutrix were having an affair which turns into sour

and resultantly she lodged a complaint against him. The

photographs which have been recovered are of both the petitioner

and the prosecutrix together in a compromised position. Learned

counsel submits that the petitioner is a married person and the

prosecutrix knew about his marital status.

(2 of 2) [CRLMB-9145/2021]

Learned counsel appearing for the complainant as well as

learned Public Prosecutor opposes the bail application. Learned

counsel appearing for the complainant submits that the petitioner

is cousin of the complainant and he has trapped the girl.

I have considered the submissions and peruse the statement

of the prosecutrix. Taking into consideration that she is a major

girl and had full information about the petitioner being a married

person and had affairs, but without commenting further on merits

of the case, I deem it just and proper to enlarge the petitioner on

bail.

Therefore, this bail application is allowed and it is ordered

that the accused petitioner - Hariom Prakash S/o Late Shri

Premshankar, be released on bail under Section 439 Cr.P.C. in

connection with aforesaid FIR provided the petitioner furnishes a

personal bond of Rs.20,000/- with one surety in the like amount

to the satisfaction of the concerned Magistrate with the stipulation

that he shall comply with all the conditions laid down under

Section 437(3) Cr.P.C.

(SANJEEV PRAKASH SHARMA),J

10-1/-saurabh

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