This bail application was allowed. The High Court, without expressing an opinion on the merits, deemed it just and proper to release the petitioner on bail, directing him to execute a personal bond with sureties.
Petitioner granted bail on executing 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. Bail No. 77/2019
Mukesh Kumar S/o Mangi Lal, Aged About 27 Years, B/c Prajapat , Saran , Tehsil Marwar Junction , Distt. Pali (Raj)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Pritam Solanki For Respondent(s) : Mr. A.S. Rathore, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
04/01/2019
Defect pointed out by the Registry is overruled.
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. 255/2017 of Police Station Siriyari, District Pali for the offences punishable under Sections 363, 366A, 368, 376 of IPC. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case. It is argued that on 28.11.2017, prosecutrix went with the petitioner as per her own free will and thereafter solemnized marriage with him and stayed for about two months at various places including Bangalore, Mumbai and Jodhpur etc. It is also submitted that prosecutrix has lodged false FIR against the petitioner under
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[CRLMB-77/2019]
pressure of her family members. It is further submitted that charge sheet has already been filed in the matter 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 Mukesh Kumar S/o Mangi Lal shall be released on bail in connection with FIR No. 255/2017 of Police Station Siriyari, District Pali 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
161-Taruna/-
1 issue framed by the court
Whether bail should be granted to the accused in a case involving offenses under Sections 363, 366A, 368, 376 of IPC on the ground of false implication by the prosecutrix under Section 439 Cr.P.C.
1 provisions across 1 enactments
Mukesh Kumar S/o Mangi Lal
State Of Rajasthan
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
