Raghuvir Prasad Son Of Kunj Bihari vs State Of Rajasthan ...
2023 Latest Caselaw 1444 Raj/2

[2023/RJJP/001469]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

 S.B. Criminal Miscellaneous Bail Application No. 577/2023

Raghuvir Prasad Son Of Kunj Bihari, Aged About 28 Years,
Resident Of Village Kuradi, Tehsil Digod, Police Station, Kaithoon,
District Kota Rural, Presently Tenant House No. 120, Keshavpura,
Sector-4, Police Station Mahavir Nagar, Kota City At Present
Lodged In The Central Jail Kota
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through P.p.
                                                                 ----Respondent

For Petitioner(s)          :    Mr. Ashvin Garg
For Respondent(s)          :    Mr. Mahendra Meena, PP



          HON'BLE MR. JUSTICE GANESH RAM MEENA

                          Judgment / Order

03/02/2023

1. This bail application has been filed under Section 439 Cr.P.C.

2. F.I.R. No.522/2022 was registered at Police Station Mahavir

Nagar, Kota City for the offence/s mentioned therein.

3. It is contended by counsel for the petitioner that it is a

matter of consent between the petitioner and the prosecutrix. The

alleged incident is of 01.07.2021, whereas, the F.I.R. has been

lodged on 13.12.2022, after an inordinate delay. The petitioner

has falsely been implicated in this case as he has nothing to do

with the alleged incident. The petitioner is behind the bars since

22.12.2022 and no purpose will be served in keeping him behind

the bars. Further detention of the petitioner is not warranted for

interrogation and recovery purposes. Trial of the case is likely to

[2023/RJJP/001469] (2 of 2) [CRLMB-577/2023]

take considerable time.

4. Learned Public Prosecutor has opposed the bail application.

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the

petitioner(s) but without making any opinion on the merits and

demerits of the case, I deem it proper to allow the bail application.

7. This bail application is, accordingly, allowed and it is directed

that accused-petitioner shall be released on bail provided

he/she/each of them furnishes a personal bond in the sum of

Rs.1,00,000/- (Rupees One Lac only) together with two sureties in

the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the

satisfaction of the trial Court with the stipulation that he/she/each

of them shall appear before that Court and any Court to which the

matter be transferred, on all subsequent dates of hearing and as

and when called upon to do so.

(GANESH RAM MEENA),J

ARTI SHARMA /130

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