Jeewa Lal vs State Of Rajasthan
2021 Latest Caselaw 9473 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 5030/2021

Jeewa Lal S/o Joda, Aged About 20 Years, Mandva Navaghaera Police Thana Kotwali Dungarpur, District Dungarpur. (At Present At Dist. Jail Dungarpur).

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

----Respondent

For Petitioner(s) : Mr. Jitendra Ojha (through VC) For Respondent(s) : Mr. Shrawan Bishnoi, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

18/05/2021 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.314/2020 of

Police Station Bichiwada, District Dungarpur for the offences

punishable under Sections 363, 366, 342, 376 IPC. He has

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

Learned counsel for the petitioner has submitted that the

first bail application of the petitioner was dismissed by this Court

while granting him liberty to file a fresh bail application before the

trial court after filing of the charge-sheet. It is submitted that now

charge-sheet has been filed. It is also submitted that the

prosecutrix is a major lady, she eloped with the petitioner and

lived with him at several places for some time. It is further

submitted that though the prosecutrix, in her supplementary

(2 of 2) [CRLMB-5030/2021]

police statements, had levelled allegation of sexual assault against

the petitioner but no such allegation has been levellled by her in

her statements recorded under Section 164 Cr.P.C.

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 Jeewa Lal S/o

Joda shall be released on bail in connection with FIR No.314/2020

of Police Station Bichiwada, 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

17-akash/-

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