Ankush vs State Of Rajasthan
2021 Latest Caselaw 7564 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2941/2021

Ankush S/o Late Ishwar Lal, Aged About 22 Years, Church Road Gandhi Nagar Aburoad, District Sirohi (Raj.). (Lodged In District Jail Sirohi).

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

                                                                 ----Respondent


For Petitioner(s)         :     Mr. JVS Deora
For Respondent(s)         :     Mr. Shrawan Bishnoi, PP



                HON'BLE MR. JUSTICE VIJAY BISHNOI

                          Judgment / Order

17/03/2021

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.256/2020 of

Police Station Sheoganj District Sirohi for the offences punishable

under Sections 366, 376(2)(N) IPC. He has preferred this bail

application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that

allegations levelled against the petitioner of abducting and

sexually assaulting the prosecutrix are absolutely false. It is

argued that the police during the course of investigation have

confirmed that marriage of the petitioner was fixed with the

prosecutrix and her brother's marriage was also fixed with the

sister of petitioner, however, later on, on account of some

(2 of 2) [CRLMB-2941/2021]

misunderstanding between the family members, their marriage

could not be solemnized. It is also submitted that the prosecutrix

went with the petitioner as per her own free will and lived with

him for around three months, however, later on, under pressure of

her family members, she has filed this false FIR against the

petitioner. It is further submitted that charge-sheet has been filed

and trial of the case will take time.

Learned Public Prosecutor has opposed the bail application.

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 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 Ankush S/o Late

Ishwar Lal shall be released on bail in connection with FIR

No.256/2020 of Police Station Sheoganj District Sirohi 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/23-

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