Moti Ram vs State
2021 Latest Caselaw 7820 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3430/2021

Moti Ram S/o Shri Jamata Ram, Aged About 41 Years, R/o Village Kalibore-Bhimana, P.S. Nana, Tehsil Bali, District Pali (Rajasthan).

(Presently Lodged In Sub Jail Bali).

----Petitioner Versus State of Rajasthan

----Respondent

For Petitioner(s) : Mr. Shambhoo Singh For Respondent(s) : Mr. Shrawan Bishnoi, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

19/03/2021

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.97/2020 of Police

Station Nana, District Pali for the offences punishable under

Sections 450, 376(2)N and 506 IPC. He has preferred this bail

application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

allegation against the petitioner of sexual assault is absolutely

false. It is further submitted that as per the complaint, the alleged

incident took place around one month ago and the complaint for

the same has been lodged after one month of the alleged incident

and no satisfactory explanation has been given for the said delay.

It is further submitted that the petitioner has falsely been

(2 of 2) [CRLMB-3430/2021]

implicated in this case only on account of previous enmity. It is

submitted that the charge-sheet has been filed and the 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 - Moti Ram S/o

Shri Jamata Ram shall be released on bail in connection with FIR

No.97/2020 of Police Station Nana, District Pali 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.36

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