Surendra Singh vs State Of Rajasthan
2021 Latest Caselaw 6040 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2225/2021

Surendra Singh S/o Sh. Hukam Singh, Aged About 23 Years, R/o Netda, P.s. Karwar, Dist. Jodhpur, Rajasthan. (Lodged In Central Jail, Jodhpur).

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

----Respondent

For Petitioner(s) : Mr. Chandrasen Rathore

For Respondent(s) : Mr. Shrawan Bishnoi, P.P.

For Complainant(s) : Mr. S.S. Rathore

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

01/03/2021

Heard learned counsel parties and perused the material on

record.

The petitioner has been arrested in FIR No.43/2021 of Police

Station Banar, District Jodhpur for the offences punishable under

Sections 354, 376, 452 of IPC. He has preferred this bail

application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

allegation against the petitioner of sexual assault is absolutely

false. It is argued that the allegation has been levelled against the

petitioner due to ulterior motives. It is further submitted that the

prosecutrix is not in good terms with her parents, in-laws and

even her husband and the petitioner and his wife had helped her

(2 of 2) [CRLMB-2225/2021]

but on account of some money dispute now this false FIR has

been lodged against the petitioner. It is also submitted that the

petitioner is in judicial custody since long and trial of the case will

take time, therefore, he may be enlarged on bail.

Learned Public Prosecutor as well as learned counsel for the

complainant have vehemently opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case, without expressing any opinion on the merits of the

case, I deem it just and proper to grant bail to the accused

petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner Surendra Singh

S/o Sh. Hukam Singh shall be released on bail in connection with

FIR No.43/2021 of Police Station Banar, District Jodhpur provided

he executes a personal bond in a sum of Rs.50,000/- with two

sound and solvent sureties of Rs.25,000/- each to the satisfaction

of learned trial court for his appearance before that court on each

and every date of hearing and whenever called upon to do so till

the completion of the trial.

(VIJAY BISHNOI),J

36-akash/-

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