Rajasthan High Court - Jodhpur
Roop Das vs State on 4 March, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2596/2021
Roop Das S/o Shri Champa Lal, Aged About 36 Years, R/o
Khajwana, Police Station Kuchera, District Nagaur At Present R/o
House No.396/4, II Floor Manjunath, Opp. Redi Building, A.N.R.
Kalayan Manttapa, Anekal Main Road, Chandapura, Police Station
Suryanager, Benglore, Karnataka.
(At Present Lodged In District Jail Nagaur).
----Petitioner
Versus
The State of Rajasthan through the Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Subodh Jangid
For Respondent(s) : Mr. Shrawan Bishnoi, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
04/03/2021
Heard learned counsel for the petitioner as well as learned
Public Prosecutor and also perused the material on record.
The petitioner has been arrested in FIR No.222/2020 of
Police Station Kuchera, District Nagaur for the offences punishable
under Sections 366 and 376 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 upon the
prosecutrix is false. It is argued that the prosecutrix is 34 years of
major lady and she came contact with the petitioner through a
matrimonial portal and both of them decided to meet each other.
It is submitted that the prosecutrix went to the native village of
(2 of 2) [CRLMB-2596/2021]
petitioner as per her own free will and also met him at Bangalore,
where he is residing. Learned counsel for the petitioner has
further submitted that the relationships between the petitioner
and the prosecutrix were consensual, however, on account of
some unavoidable circumstances, when the petitioner failed to
marry with the prosecutrix, she has filed this false FIR against
him.
Learned Public Prosecutor has opposed the bail application.
Having regard to the totality of the facts and circumstances
of the case and after perusing the case diary, 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 - Roop Das S/o
Shri Champa Lal shall be released on bail in connection with FIR
No.222/2020 of Police Station Kuchera, 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
Abhishek Kumar
S.No.28
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