Subashram vs State
2021 Latest Caselaw 8358 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3084/2021

Subashram S/o Kojaram, Aged About 19 Years, B/c Meghwal, R/o Bedukalla Police Station Matoda Dist. Jodhpur (Raj.). (Presently Lodged At Central Jail, Jodhpur, Dist. Jodhpur).

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Kishan Meghwal For Respondent(s) : Mr. AR Choudhary, PP For Complainant(s) : Mr. Ajanta Saraswat

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

25/03/2021

Heard learned counsel for the parties and also perused the

material on record.

The petitioner has been arrested in FIR No.164/2020 of

Police Station Bhojasar District Jodhpur for the offences

punishable under Sections 450, 376 (2) (N) IPC, 1860. He has

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

Learned counsel for the petitioner has submitted that the

petitioner has falsely been implicated in this case. It is argued that

relationship between the petitioner and the prosecutrix were

consensual, however, when parents and would be in-laws of

prosecutrix came to know about their relation, they lodged this

false complaint against the petitioner. It is further submitted that

charge-sheet has been filed and trial of the case will take time.

(2 of 2) [CRLMB-3084/2021]

Learned Public Prosecutor as well as learned counsel for the

complainant have vehemently 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 Subashram S/o

Kojaram shall be released on bail in connection with FIR

No.164/2020 of Police Station Bhojasar District Jodhpur 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/14-

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