Pradeep Singh vs State Of Rajasthan
2023 Latest Caselaw 6201 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 10325/2023

Pradeep Singh S/o Sh. Nandlal, Aged About 30 Years, Sudama Colony, Barisadari, P.s. Barisadari, Dist. Chittorgarh, Rajasthan. (At Present Lodged In Sub Jail Nimbaheda).

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. L.D. Khatri For Respondent(s) : Mr. Mukhtiyar Khan, P.P.

Mr. Umesh Kant Vyas, for the complainant

HON'BLE MR. JUSTICE FARJAND ALI

Judgment / Order

22/08/2023

1. The jurisdiction of this Court has been invoked by way

of filing an application under Section 439 Cr.P.C. at the instance of

accused-petitioner. The requisite details of the matter are

tabulated herein below:

S.No.                         Particulars of the Case
     1.    FIR Number                                 202/2023
     2.    Concerned Police Station                   Badi Sadari
     3.    District                                   Chittorgarh
     4.    Offences alleged in the FIR                Section 376 IPC
     5.    Offences added, if any

6. Date of passing of impugned 14.08.2023 order

2. It is contended on behalf of the accused-petitioner that a

false case has been foisted upon the petitioner with an

ulterior object. Both the parties residing in the same area and

(2 of 3) [CRLMB-10325/2023]

were neighbours. It is also submitted that there was a

consensual relationship between them. The screen shot of

whats-app chat, messages in between the parties have been

submitted along with the petition and no case for the alleged

offences is made out against him and his incarceration is not

warranted. There are no factors at play in the case at hand

that may work against grant of bail to the accused-petitioner

and has been made an accused based on conjectures and

surmises.

3. Contrary to the submissions of learned counsel for the

petitioner, learned Public Prosecutor as well as counsel for the

complainant oppose the bail application and submits that the

present case is not fit for enlargement of accused on bail.

4. Have considered the submissions made by both the parties

and particularly looking to the fact that victim is a major

married lady, there is high probability that the trial may take

long time to conclude. In light of these facts and

circumstances, it is deemed suitable to grant the benefit of

bail to the petitioner in the present matter. Needless to say,

none of the observations made herein under shall affect the

rights of either of the parties during trial and this Court

refrains from commenting on the niceties of the matter.

5. Accordingly, the instant bail application under Section 439

Cr.P.C. is allowed and it is ordered that the accused-petitioner

as named in the cause title shall be enlarged on bail provided

he/she furnishes a personal bond in the sum of Rs.50,000/-

with two sureties of Rs.25,000/- each to the satisfaction of

(3 of 3) [CRLMB-10325/2023]

the learned trial Judge for his/her appearance before the

court concerned on all the dates of hearing as and when

called upon to do so.

(FARJAND ALI),J 150-Taruna/-

Powered by TCPDF (www.tcpdf.org)