Citation : 2023 Latest Caselaw 1462 Raj/2
Judgement Date : 3 February, 2023
[2023/RJJP/001432]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
18478/2022
Rajkumar S/o Foolsingh, Aged About 20 Years, Resident Of
Kanwa Police Station Manoharthana District Jhalawar(Raj) (At
Present Confined In District Jail, Jhalawar(Raj.)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Rohit Khandelwal
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.155/2022 was registered at Police Station Manohar
Thana, District Jhalawar for the offence/s mentioned therein.
3. It is contended by counsel for the petitioner that there is
inordinate delay in lodging of F.I.R. There is no allegation of rape
in the statement recorded under Section 164 Cr.P.C. 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
27.06.2022 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
take considerable time.
4. Learned Public Prosecutor has opposed the bail application.
[2023/RJJP/001432] (2 of 2) [CRLMB-18478/2022]
5. I have considered the contentions.
6. Considering the contentions put forth by counsel for the
petitioner(s) and also looking to the fact that in the statement
recorded under Section 164 Cr.P.C., there is no allegation of rape
against the present petitioner 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 /91
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