Raju Singh @ Rajendra Singh vs State Of Rajasthan
2021 Latest Caselaw 9720 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 7353/2021

Raju Singh @ Rajendra Singh S/o Chandra Singh, Aged About 26 Years, R/o Bhumbaliya, Raas Police Station, District Pali (Lodged In Central Jail, Jodhpur)

----Petitioner Versus State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. D.S. Udawat (through VC) For Respondent(s) : Mr. Mohd. Javed Gauri, PP

HON'BLE MR. JUSTICE SANDEEP MEHTA (VACATION JUDGE)

Judgment

04/06/2021

The instant bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner, who is in custody in relation to

FIR No.301/2018, Police Station Bilara, District Jodhpur for

offences under Sections 376-D & 376 (2)(n) of the IPC.

Heard learned counsel for the petitioner and learned Public

Prosecutor and perused the challan papers.

It is contended that the entire prosecution case is false and

fabricated. The prosecutrix has given highly contradictory stories

in her three statements recorded during investigation. In the

statement recorded by the IO under Section 161 Cr.P.C. on

09.10.2018, she categorically stated that the petitioner herein did

not subject her to sexual intercourse. He further submits that the

main allegations of the prosecutrix were against the co-accused

Suganlal @ Sugan, who has been enlarged on bail by this Court

(2 of 2) [CRLMB-7353/2021]

vide order dated 06.02.2019 and on these submissions, Shri

Udawat craves indulgence of bail to the petitioner.

Learned Public Prosecutor vehemently and fervently opposes

the submissions advanced by the petitioner's counsel. However, he

too is not in a position to dispute the fact that there are grave

contradictions in the three statements of the prosecutrix recorded

during investigation. The main allegations of the prosecutrix were

attributed to the co-accused Sugan Lal @ Sugan who has been

enlarged on bail by this Court vide order dated 06.02.2019.

In this background and having regard to the overall facts and

circumstances of the case as available on record, this Court is

inclined to extend indulgence of bail to the accused petitioner.

Accordingly, the bail application is allowed and it is directed that

the accused-petitioner Raju Singh @ Rajendra Singh S/o Shri

Chandra Singh arrested in connection with the F.I.R. No.301/2018

registered at Police Station Bilara, District Jodhpur shall be

released on bail provided he furnishes a personal bond of

Rs.50,000/- and two surety bonds of Rs.25,000/- each to the

satisfaction of the learned trial court with the stipulation to appear

before that Court on all dates of hearing and as and when called

upon to do so.

(SANDEEP MEHTA), VJ 34-Sudhir Asopa/-

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