Dallichand @ Dalla vs State
2021 Latest Caselaw 7572 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2676/2021

Dallichand @ Dalla S/o Mohan Lal @ Mohan, Aged About 48 Years, Resident Of Alod, Dungla Police Station, District Chittorgarh.

(Lodged In Sub Jail, Nimbahera).

                                                                     ----Petitioner
                                      Versus
State of Rajasthan
                                                                   ----Respondent


For Petitioner(s)         :     Mr. B. Ray Bishnoi
For Respondent(s)         :     Mr. A.R. Choudhary, P.P.



            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.14/2021 of Police

Station Dungla, District Chittorgarh for the offences punishable

under Sections 363, 323 and 376(2)(n) IPC. He has preferred this

bail application under Section 439 Cr.P.C.

Learned counsel for the petitioners has submitted that the

allegation levelled by the complainant against the petitioner of

sexual assault is false. It is submitted that the petitioner has

falsely been implicated in this case only for the reason that on

28.01.2021, the son of the petitioner lodged a FIR against the

complainant and his son regarding an incident in which wife of the

petitioner was brutally assaulted by the complainant and his son.

(2 of 2) [CRLMB-2676/2021]

It is also submitted that in the said FIR, the police have completed

the investigation and also proposed to file charge-sheet against

the complainant and his son. It is also submitted that in counter to

the said FIR, the complainant has lodged this false FIR against the

petitioner levelling allegation of sexual assault. Learned counsel

for the petitioner has submitted that the alleged incident of sexual

assault took place around 6 months ago, however, no satisfactory

explanation has been given for filing the FIR after 6 months of the

alleged incident.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case and after perusing 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 - Dallichand @

Dalla S/o Mohan Lal @ Mohan shall be released on bail in

connection with FIR No.14/2021 of Police Station Dungla, District

Chittorgarh 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

Abhishek Kumar S.No.5

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