Rajasthan High Court - Jodhpur
Sarwar Ali Deo vs State Of Rajasthan (2024:Rj-Jd:38960) on 19 September, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:38960]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 11419/2024
Sarwar Ali @ Deo S/o Shri Ranveer Singh, Aged About 27 Years,
R/o 1-A Apd, Gram Panchayat Sukhchainpura, P.s. Sameja Kothi,
Dist. Sriganganagar (At Present Lodged In Sub Jail, Nohar)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. G.R. Bhari
For Respondent(s) : Mr. N.K. Gurjar AAG assisted by
Mr. Rajesh Bhati, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Judgment / Order
19/09/2024
1. The jurisdiction of this court has been invoked by way of
filing an application under Section 439 CrPC at the instance of
accused-petitioner. The requisite details of the matter are
tabulated herein below:
S.No. Particulars of the Case
2. Concerned Police Station Rawatsar
3. District Hanumangarh
4. Offences alleged in the FIR Sections 450, 376(2)(n),
384 & 509 of the IPC
5. Offences added, if any -
6. Date of passing of impugned 28.08.2024
order
2. The first bail applications being SBCRLMB No.1547/2024
decided on 22.02.2024. While disposing of the second bail
[2024:RJ-JD:38960] (2 of 3) [CRLMB-11419/2024]
application, this Court has afforded liberty to the petitioner to
approach this Court again after recording the statement of the
victim. Now, the statement of the victim has been recorded.
Hence the instant bail application.
3. It is contended on behalf of the accused-petitioner that
victim is a major and consenting party thus, no case for the
alleged offences is made out against him and his incarceration is
not warranted. The relations between the petitioner and the victim
were consensual. There are no factors at play in the case at hand
that may work against grant of bail to the accused-petitioner and
he has been made an accused based on conjectures and surmises.
4. Contrary to the submissions of learned counsel for the
petitioner, learned Public Prosecutor opposes the bail application
and submits that the present case is not fit for enlargement of
accused on bail.
5. I have considered the submissions made by both the parties
and perused the material made available to the Court.
6. Perusal of the statement of the victim revealing that she is a
major married and grown up lady of 27 years, she knows her
pretty well good and bad. The incident took place on 12.02.2023
when she was first subjected to sexual activity and it seems that
whereafter on several occasions parties have established physical
relations; the report in this regard came to be lodged on
22.11.2023. The plea of the defence regarding falsity of
allegation and embellishment cannot be ruled out at this stage in
view of the unexplained inordinate delay in filing the report. The
victim has been examined thus apprehension of hampering
[2024:RJ-JD:38960] (3 of 3) [CRLMB-11419/2024]
witness has also been eliminated. After investigation, charge sheet
has been filed and no useful purpose would be served by keeping
the petitioner behind the bars. Thus, it is deemed suitable to grant
the benefit of bail to the petitioner in the present matter.
7. It is nigh well settled law that at a pre-conviction stage; bail
is a rule and denial from the same should be an exception. The
purpose behind keeping an accused behind the bars during trial
would be to secure his presence on the day of conviction so that
he may receive the sentence as would be awarded to him.
Otherwise, it is the rule of Crimnal Jurisprudence that he shall be
presumed innocent until the guilt is proved.
8. Accordingly, the instant second 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
furnishes a personal bond in the sum of Rs.50,000/- with two
sureties of Rs.25,000/- each to the satisfaction of the learned trial
Judge for his appearance before the court concerned on all the
dates of hearing as and when called upon to do so.
(FARJAND ALI),J
54-Mamta/-
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