Arjun Singh vs State
2021 Latest Caselaw 6735 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2599/2021

Arjun Singh S/o Ram Chandra Singh, Aged About 27 Years, 19 Bhomiyaji Colony, Khasra No. 183/2, Sangariya, Police Station Basni, Jodhpur. Presently R/o In Rented House At 2Nd C Road, Sardarpura, Jodhpur. (In Judicial Custody At Central Jail, Jodhpur).

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

----Respondent

For Petitioner(s) : Mr. Pradeep Choudhary For Respondent(s) : Mr. Shrawan Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

05/03/2021

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.40/2021 of Police

Station Basni District Jodhpur for the offences punishable under

Sections 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 sexually assaulting the

prosecurtrix is absolutely false. It is submitted that the petitioner

and prosecutrix were working together in a firm and both of them

loved each other and they developed physical relationship as per

their own free will. It is also submitted that the prosecutrix is a

(2 of 2) [CRLMB-2599/2021]

major lady and she forced the petitioner to marry her, however,

when the parents of the prosecutrix were not ready for their

marriage, the petitioner refused to marry the prosecutrix then,

this false FIR has been filed against him. It is further submitted

that the petitioner is in judicial custody since long, therefore, he

may be enlarged on bail.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case and after going through the case diary and taking into

consideration the fact that the statements of prosecutrix recorded

under Section 164 CrPC wherein, she has admitted that she

developed physical relationship with the petitioner as per her own

free will, 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 Arjun Singh S/o

Ram Chandra Singh shall be released on bail in connection with

FIR No.40/2021 of Police Station Basni 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

Surabhii/30-

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