Citation : 2021 Latest Caselaw 3160 Raj/2
Judgement Date : 26 July, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
9469/2021
Rahual S/o Guddu Lal, Aged About 21 Years, R/o Binagung Road,
Mrigwas P.s. Mrigwas Dist. Guna ( M.p ) ( Accused Petitoner Is
Behind The Bar Dist. Jail Jhalawar ).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
Connected With S.B. Criminal Miscellaneous Bail Application No. 9470/2021 Kalyan S/o Laxminarayan, Aged About 27 Years, Resident Of Banshaheda Khurd Police Staton Mragwas District Guna ( M P ) ( At Present Confined In District Jail, Jhalawar (Raj). )
----Petitioner Versus State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Ajay Singh Yaduvanshi Mr. Rohit Khandelwal For Respondent(s) : Mr. Riyasat Ali, PP
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
26/07/2021
1. Petitioners have filed these bail applications under Section
439 of Cr.P.C.
2. F.I.R. No. 73/2021 was registered at Police Station Mahila
Thana Jhalawar, District Jhalawar for offence under Sections
376-D & 323 of I.P.C.
(2 of 2) [CRLMB-9469/2021]
3. It is contended by counsels for the petitioners that
prosecutrix is a major girl. There is delay of nine months in
lodging of FIR. Statement of prosecutrix was recorded before the
SDM on 20.03.2021, she did not level any allegation with regard
to rape, rather she stated that she has married to Kalyan. It is
also contended that co-accused have been enlarged on bail.
4. Learned Public Prosecutor has opposed these bail
applications.
5. I have considered the contentions.
6. Considering the contentions put forth by counsel for the
petitioners, I deem it proper to allow these bail applications.
7. These bail applications are accordingly allowed and it is
directed that accused petitioners shall be released on bail provided
each of them 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 they
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 that
8. A copy of this order be placed in connected file.
(PANKAJ BHANDARI),J
NIKHIL KR. YADAV /13-14
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