Citation : 2021 Latest Caselaw 7657 Raj
Judgement Date : 18 March, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3104/2021
Nathulal S/o Sh. Dhanji @ Dhanna, Aged About 52 Years, R/o Bhurakund, Ps Ghantali, Dist. Pratapgarh. (At Present Lodged In District Jail, Pratapgarh).
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Ramesh Purohit For Respondent(s) : Mr. Shrawan Bishnoi, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
18/03/2021
Heard learned counsel for the parties and perused
the material available on record.
The petitioner(s) has/have been arrested in FIR
No.102/2020 of Police Station Ghantali, District
Pratapgarh for the offence(s) punishable under Section(s)
376(1), 450 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
allegation of sexually assaulting the prosecutrix, levelled
against the petitioner, is absolutely false. It is argued that
the alleged incident took place on 1.10.2020, however,
complaint with respect to the same was lodged on
19.10.2020 and no explanation has been given for such
delay. It is submitted that charge-sheet has been filed
and trial of the case is likely to take time.
(2 of 2) [CRLMB-3104/2021]
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) - Nathulal S/o Sh. Dhanji @ Dhanna shall be
released on bail in connection with FIR No.102/2020 of
Police Station Ghantali, District Pratapgarh 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
28-msrathore/-
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