Shanker Kalyani vs State Of Rajasthan
2021 Latest Caselaw 8462 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4312/2021

Shanker Kalyani S/o Bhagwan Dass, Aged About 26 Years, Inside Sojati Gate, Near Ghanerav House, Opp. Laxmi Book Store, P.s. Sadar Bazar, Jodhpur. (Presently Lodged In Central Jail Jodhpur).

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

----Respondent

For Petitioner(s) : Dr. Javed Khan Moyal For Respondent(s) : Mr. Shrawan Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

26/03/2021

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.109/2021 of

Police Station Chopasani Housing Board District Jodhpur for the

offences punishable under Sections 376, 384 IPC. He has

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

Learned counsel for the petitioner has submitted that

allegation levelled against the petitioner of sexual assault is

absolutely false. It is argued that no date and time has been

mentioned in the FIR and has filed allegation regarding sexual

assault against the petitioner. It is also submitted that the

prosecutrix is a major married lady and on account of some

dispute regarding money, this false FIR has been lodged against

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the petitioner. It is further submitted that the petitioner is in

judicial custody, therefore, he may be enlarged on bail.

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 Shanker Kalyani

S/o Bhagwan Dass shall be released on bail in connection with FIR

No.109/2021 of Police Station Chopasani Housing Board 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/246-

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