Suresh vs State Of Rajasthan
2021 Latest Caselaw 7569 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2885/2021

Suresh S/o Babru Bheel, Aged About 25 Years, R/o Bawri Kheda, P.s. Javda, Dist. Chittorgarh. (Presently Lodged At District Jail, Chittorgarh).

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Ms. Priya Bishnoi For Respondent(s) : Mr. A.R. Choudhary, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

17/03/2021

Heard learned counsel for the parties and perused

the material available on record.

The petitioner(s) has/have been arrested in FIR

No.47/2020 of Police Station Javda, Distt. Chittorgarh for

the offence(s) punishable under Section(s) 376, 452 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

petitioner has falsely been implicated in this case. It is

argued that no such incident of sexual assault as alleged

in the complaint took place on 23.9.2020. It is further

submitted that the petitioner and the complainant are

relatives, however, a dispute arose between them and on

account of that, this false FIR has been lodged against

(2 of 2) [CRLMB-2885/2021]

the petitioner. It is submitted that charge-sheet has been

filed and trial of the case is likely to take time.

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) - Suresh S/o Babru Bheel shall be released

on bail in connection with FIR No.47/2020 of Police

Station Javda, Distt. Chittorgarh 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

12 - ms rathore

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