Citation : 2021 Latest Caselaw 7266 Raj
Judgement Date : 15 March, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2368/2021
Hari Singh S/o Shri Kesar Singh, Aged About 30 Years, Baghana, Uba Bhata, Badiya, Police Station Diwer, District Rajsamand. (At Present Lodged In Sub Jail Jaitaran, District Pali).
----Petitioner Versus State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Deepak Menaria For Respondent(s) : Mr. A.R. Choudhary, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
15/03/2021
Heard learned counsel for the parties and perused
the material available on record.
The petitioner(s) has/have been arrested in FIR
No.224/2020 of Police Station Sendada, District Pali for
the offence(s) punishable under Section(s) 366, 376(2)
(N), 342 IPC. He/she/they has/have preferred this/these
bail application(s) under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that
allegations of abduction and sexual assault, levelled
against the petitioner, are absolutely false. It is argued
that the prosecutrix solemnized 'nata' marriage with the
petitioner on her own free will and thereafter lived with
him for quite some months, however later on, under
pressure of her ex husband, she has lodged this false FIR
(2 of 2) [CRLMB-2368/2021]
against the petitioner only with the intention to extort
money from him.
Learned Public Prosecutor has opposed the bail
application(s).
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 petitioner(s) under Section
439 Cr.P.C.
Accordingly, this/these bail application(s) filed under
Section 439 Cr.P.C. is/are allowed and it is directed that
petitioner(s) - Hari Singh S/o Shri Kesar Singh shall be
released on bail in connection with FIR No.224/2020 of
Police Station Sendada, District Pali provided he/she/they execute(s) a personal bond in the 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/her/their
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
16-msrathore/-
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