Ashok vs State Of Rajasthan
2021 Latest Caselaw 7057 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2588/2021

Ashok S/o Shri Babu Lal, Aged About 27 Years, Jaitaran Police Station, Jaitaran, District Pali. (Lodged In District Jail Merta).

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

                                                                  ----Respondent


 For Petitioner(s)           :    Mr. DS Udawat
 For Respondent(s)           :    Mr. AR Choudhary, PP



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                           Judgment / Order

10/03/2021

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.69/2019 of Police

Station Thanwla District Nagaur for the offences punishable under

Sections 366, 376 IPC. He has preferred this bail application under

Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that

allegations against the petitioner of abduction and sexual assault

are absolutely false. It is argued that as a matter of fact, the

prosecutrix left her house on 12.03.2019 and in relation to that, a

missing person report was filed by father of the prosecturix on

30.03.2019. It is submitted that later on, prosecutrix reached her

house after a few days, however, her statements could not be

recorded. It is submitted that the prosecutrix eloped with the

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petitioner on 12.03.2019 and lived with him for several days and

thereafter returned to her house and now after around one and a

half month, the prosecutrix has filed complaint alleging false

allegation against the petitioner before the concerned Magistrate.

It is submitted that prosecutrix is a major on the date of incident

and she left her house along with petitioner as per her own will,

but now she has filed this false FIR against him under pressure of

her family members.

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, 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 Ashok S/o Shri

Babu Lal shall be released on bail in connection with FIR

No.69/2019 of Police Station Thanwla 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/14-

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