Citation : 2023 Latest Caselaw 539 Raj
Judgement Date : 12 January, 2023
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 15158/2022
Dinesh Nath @ Deena Nath S/o Jabbar Nath, Aged About 21 Years, Nimblana, Jalore Kotwali P.s., Jalore, Dist. Jalore. (Lodged In Sub Jail Balotra).
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Jagdish Singh For Respondent(s) : Mr Mukesh Trivedi, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
12/01/2023
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.184/2022 of
Police Station Siwana District Barmer for the offences punishable
under Sections 363, 366, 376[2][n] IPC. He has preferred this bail
application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that
allegation against the petitioner of abduction of daughter of the
complainant is false. It is submitted that during the investigation,
the police have concluded that the victim was major at the time of
incident. It is also submitted that as a matter of fact, the victim
went with the petitioner as per her own free will, however, her
family members lodged false FIR against the petitioner and
(2 of 2) [CRLMB-15158/2022]
pressurized her to give false statements. It is further submitted
that charge-sheet has been filed and trial of the case will take
time.
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 Dinesh Nath @
Deena Nath S/o Jabbar Nath shall be released on bail in
connection with FIR No.184/2022 of Police Station Siwana District
Barmer 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 Surabhii/90-
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