Citation : 2021 Latest Caselaw 11758 Raj
Judgement Date : 28 July, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 9091/2021
Narayan Lal S/o Vag Ji, Aged About 30 Years, Tatiya, Police Thana Sadar Banswara Dist. Banswara. (At Present Lodged In District Jail, Banswara).
----Petitioner Versus State, Through Pp
----Respondent
For Petitioner(s) : Mr. Jitendra Ojha For Respondent(s) : Mr. Anil Joshi, PP
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.44/2021 registered at Police Station,
Mahila Thana, District Banswara for offence under Section(s)
376(2)(n) of IPC.
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 and the FIR has been
lodged solely because he has refused to marry the prosecutrix
who is 24 years old and had consensual sex with the petitioner.
Learned Public Prosecutor has opposed the bail application.
I have considered the submissions.
Taking into consideration the nature of allegations and the
statement of the prosecutrix but without commenting further on
(2 of 2) [CRLMB-9091/2021]
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 - Narayan Lal S/o Vag Ji, 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
8-1/-saurabh
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