Banty Kalbeliya vs State Of Rajasthan
2021 Latest Caselaw 7962 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3482/2021

Banty Kalbeliya S/o Shri Amarnath Kalbeliya, Aged About 25 Years, Mans, P.S. Kethun, Dist. Kota (Raj.). (At Present Lodged At District Jail Bhilwara).

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

                                                                 ----Respondent


For Petitioner(s)         :     Mr. Jaipal Singh
For Respondent(s)         :     Mr. Laxman Solanki, P.P.



             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.219/2020 of

Police Station Hanuman Nagar, District Bhilwara for the offences

punishable under Sections 366 and 376(2)(n) of IPC. He has

preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

allegations levelled against the petitioner of kidnapping the

prosecutrix and committing rape upon her are absolutely false. It

is argued that the prosecutrix lived with the petitioner for around

8 months and thereafter, this false FIR has been lodged against

him. 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-3482/2021]

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 Banty Kalbeliya

S/o Shri Amarnath Kalbeliya shall be released on bail in

connection with FIR No.219/2020 of Police Station Hanuman

Nagar, District Bhilwara 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

45-akash/-

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