Citation : 2021 Latest Caselaw 7944 Raj
Judgement Date : 22 March, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3854/2021
Chhatrapal Singh S/o Late Shri Bhuraram, Aged About 26 Years, R/o Sauo Ki Dhani, Bhojasar, Barmer.
(At Present Lodged In Central Jail, Jodhpur.)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. D.K. Godara For Respondent(s) : Mr. A.R. Choudhary, PP For Complainant(s) : Mr. S.S. Khatri
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
22/03/2021 Heard learned counsel for the parties and also perused the
material on record.
The petitioner has been arrested in FIR No.97/2020 of Police
Station Kudi Bhagtasni, District Jodhpur for the offences
punishable under Sections 354(D)(II) IPC and Sections 67 and 67-
A of the IT Act. He has preferred this bail application under
Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that the
charge-sheet has been filed against the petitioner. It is further
submitted that the petitioner will file an undertaking before the
trial court to the effect that he will not indulge in similar kind of
activities with the complainant or any other lady in future.
Learned Public Prosecutor as well as learned counsel for the
complainant have vehemently opposed the bail application and
(2 of 2) [CRLMB-3854/2021]
submitted that since action of the petitioner is unpardonable, he
may not be enlarged on bail.
Having regard to the totality of the facts and circumstances
of the case and having gone through the charge-sheet, without
expressing any opinion on the merits of the case, I deem it
appropriate to enlarge the petitioner on bail subject to the
condition that he will not indulge in similar kind of activities with
the complainant or any other lady in future.
Accordingly, this bail application filed under Section 439
Cr.P.C. is allowed and it is directed that petitioner Chhatrapal
Singh S/o Late Shri Bhuraram shall be released on bail in
connection with FIR No.97/2020 of Police Station Kudi Bhagtasni,
District Jodhpur provided he executes a personal bond in a sum of
Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/-
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.
It is made clear that the complainant is free to move an
application for cancellation of bail granted to the petitioner, if he
indulges in similar kind of activities in near future.
(VIJAY BISHNOI),J
91-Arun/-
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