Citation : 2022 Latest Caselaw 14621 Raj
Judgement Date : 13 December, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 15151/2022
Sonu Mohammad S/o Nanu Mohammad, Aged About 27 Years, R/o Redwas Ps Kotadi Dist. Bhilwara (Presently Lodged In Dist. Jail Bhilwara)
----Petitioner Versus State Of Rajasthan, Through The Pp
----Respondent
For Petitioner(s) : Ms. Sobha Prabhakar For Respondent(s) : Mr. Anil Joshi, AAG Mr. Pallav Sharma, for the complainant
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Judgment
13/12/2022
The present Criminal Misc. Bail Application under Section 439
of Cr.P.C. has been preferred by the accused-petitioner Sonu
Mohd. against the order dated 9.11.2022 passed by the learned
Addl. Sessions Judge,(Woman Atrocities Cases), Bhilwara in
relation to FIR No.137/2022, lodged at Police Station Kotadi,
District Bhilwara for the offences under Sections 452, 436 and
376(2)(n) of the IPC and under Section 67 of the Information and
Technology Act.
Learned counsel for the petitioner submits that no offence as
alleged against him has been committed by him and the FIR has
been filed after delay of 10 months and the petitioner is behind
the bars since long, therefore, the indulgence of bail may be
granted to him.
(2 of 2) [CRLMB-15151/2022]
Per contra, learned Public Prosecutor and learned counsel
appearing for the complainant vehemently opposed the bail
application.
Heard learned counsel for the parties and perused the
material available on record.
A perusal of the statement recorded under Section 164 of
Cr.P.C. of the prosecutrix it appears that the accused-petitioner is
cousin brother of the prosecutrix and that the offences alleged
against the petitioner are of serious in nature. Therefore, at this
stage, I do not find it to be a fit case for grant of bail.
Accordingly, the bail application is therefore, rejected.
However, the learned trial court is directed to expedite the trial of
the case.
(MADAN GOPAL VYAS),J 58-CPGoyal/-
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