Bharat vs State
2021 Latest Caselaw 7950 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3836/2021

Bharat S/o Shri Vala, Aged About 30 Years, Village Jalai-Fala- Ranbhatiya, P.s. Dhambola, District Dungarpur (Rajasthan). (Presently Lodged In District Jail, Dungarpur).

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

----Respondent

For Petitioner(s) : Mr. Shambhoo Singh For Respondent(s) : Mr. AR Choudhary, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

22/03/2021

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.453/2020 of

Police Station Dhambola District Dungarpur for the offences

punishable under Sections 456, 376 IPC. He has preferred this bail

application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that

allegation of commission of rape, levelled against the petitioner, is

absolutely false. It is submitted that the complainant has lodged

complaint of sexual assault against the petitioner with a delay of

twelve days. It is further submitted that charge-sheet has been

filed and trial of the case will take time.

Learned Public Prosecutor has opposed the bail application.

(2 of 2) [CRLMB-3836/2021]

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 Bharat S/o Shri

Vala shall be released on bail in connection with FIR No.453/2020

of Police Station Dhambola District Dungarpur 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/78-

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