Nanuram vs State
2021 Latest Caselaw 7721 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3236/2021

Nanuram S/o Ditiya, Aged About 24 Years, Bagli, Police Thana Banjna, District Ratlam (M.p.). (Presently Lodged In District Jail Banswara).

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

                                                                ----Respondent


For Petitioner(s)         :    Mr. Vijay Kumar
For Respondent(s)         :    Mr. Shrawan Bishnoi, PP



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

18/03/2021

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.113/2019 of

Police Station Patan District Banswara for the offences punishable

under Sections 323, 342, 366, 376(D) IPC. He has preferred this

bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that now

the statements of proseuctrix have been recorded before the trial

court and in those statements, she has specifically stated that the

complaint (Exhibit P1) is not written by her but by the police and

she has put her signature on the said complaint on asking of the

police. It is submitted that from the whole evidence of prosecutrix

(PW-1) recorded before the trial court, it cannot be said that the

(2 of 2) [CRLMB-3236/2021]

prosecutrix is telling truth and she went on implicating the

petitioner falsely. It is further submitted that 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 Nanuram S/o

Ditiya shall be released on bail in connection with FIR

No.113/2019 of Police Station Patan District Banswara 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/31-

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