Sunil vs State
2021 Latest Caselaw 6566 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2610/2021

Sunil S/o Shri Nand Kishore @ Mangla Ram, Aged About 23 Years, Nearby Jaitaran Chowki, Merta City Police Station, Merta City, District Nagaur. (Lodged In District Jail Merta).

----Petitioner Versus State, Through P.p.

                                                                  ----Respondent


For Petitioner(s)          :     Mr. OP Joshi
For Respondent(s)          :     Mr. Shrawan Bishnoi, PP
For Complainant(s)         :     Mr. Vishal Sharma



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                           Judgment / Order

04/03/2021

Heard learned counsel for the parties and also perused the

material on record.

The petitioner has been arrested in FIR No.27/2021 of Police

Station Merta City District Nagaur for the offences punishable

under Sections 365, 328, 376 IPC. He has preferred this bail

application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that

allegations of kidnapping the prosecutrix and thereafter sexually

assaulted her are absolutely false. It is submitted that as a matter

of fact, prosecutrix and the petitioner solemnized marriage and

she lived with him for quite some days, however, later on, under

pressure of her family members, this false FIR has been filed

against the petitioner.

(2 of 2) [CRLMB-2610/2021]

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 and taking into consideration the fact that the police

have not found allegation of abduction proved against the

petitioner and keeping in view the fact that the prosecutrix lived

with the petitioner for some days after solemnizing marriage with

him, 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 Sunil S/o Shri

Nand Kishore @ Mangla Ram shall be released on bail in

connection with FIR No.27/2021 of Police Station Merta City

District Nagaur 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

Surabhii/30-

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