The High Court of Rajasthan granted bail to the petitioner accused of offences under Sections 439 Cr.P.C., 457 IPC and 376/511 IPC, directing release on a personal bond with sureties pending trial.
Petitioner to be released on bail on a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S. B. Criminal Misc. 2nd Bail Application No. 1824/2019
Bhikha Ram S/o Multana Ram, by caste Bishnoi, Aged About 28 Years, Resident of Village Motai, Teh Baap, Dist. Jodhpur (Lodged in Central Jail, Jodhpur)
----Petitioner
Versus
State of Rajasthan
| ----Respondent | ||
|---|---|---|
| For Petitioner | : | Mr. J.V.S. Deora |
| For Respondents | : | Mrs. Rajlaxmi Choudhary, P.P. Mr. J.P. Bishnoi for complainant |
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
24/05/2019
The petitioner has been arrested in connection with FIR No. 23/2018 of Police Station Chakhu, District Jodhpur for the offences punishable under Sections 457 & 376/511 of I.P.C.
Heard learned counsel for the petitioner as well as learned Public Prosecutor and the learned counsel for the complainant. Perused the material available on record
It is submitted on behalf of the petitioner that after dismissal of the first bail application of the petitioner on 12.07.2018, the prosecutrix has appeared before the learned trial court and has deposed her statement. In her statement also, the allegations are almost on the same lines, on which the First Information Report has been lodged.
Learned counsel for the petitioner submits that the F.I.R. has
(2 of 2) [CRLMB-1824/2019]
been lodged after an unexplained delay of 09 days from the date of incident. The petitioner being relative of the complainant party has falsely been implicated because of some enmity and on earlier occasion also, a case was filed against him, in which after investigation, the negative report was submitted.
Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application and submitted that the statement of the prosecutrix is clear and the offences alleged against the petitioner are made out.
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 of Cr.P.C.
Accordingly, the 2nd bail application filed under Section 439 of Cr.P.C. is allowed and it is directed that petitioner – Bhikha Ram s/o Multana Ram shall be released on bail in connection with FIR No. 23/2018, Police Station Chakhu, District Jodhpur provided he furnishes 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.
(VINIT KUMAR MATHUR),J
158-Inder/-
2 issues framed by the court
Whether bail should be granted to the petitioner under Section 439 of Cr.P.C. considering the allegations and delay in lodging the FIR
Whether the petitioner's relationship with the complainant and previous negative reports justify a false implication claim
1 provisions across 1 enactments
Bhikha Ram S/o Multana Ram
State of Rajasthan
VINIT KUMAR MATHUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
