The Rajasthan High Court at Jodhpur granted bail to the accused petitioner arrested for offences under Sections 366, 384, and 376(2)(N) IPC. The court directed the petitioner to execute a personal bond with sureties for his appearance during the trial.
Petitioner granted bail on a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7742/2019
Kumbha Ram S/o Heera Ram, Aged About 25 Years, B/c Meghwal, R/o Panchla Khurd, Osia Police Station, Dist. Jodhpur. (Lodged In Central Jail, Jodhpur)
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Sharwan Singh Rathore For Respondent(s) : Mr. A.R. Choudhary, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
08/07/2019
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 connection with FIR No.44/2019 of Police Station Balesar, District Jodhpur for the offences punishable under Sections 366, 384, 376(2)(N) of IPC. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that prosecutix is major and married lady and is in relation with the petitioner for quite some time. It is submitted that allegations of sexual assault levelled against the petitioner in the year 2018 are false. It is also submitted the prosecutrix lived with the petitioner at Ahmedabad as his wife for long time, however, later on, when she returned to house of her husband, she filed this false FIR against the petitioner under pressure of her husband. Learned
(2 of 2)
[CRLMB-7742/2019]
counsel for the petitioner has 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 Sec.439 Cr.P.C. is allowed and it is directed that petitioner Kumbha Ram S/o Heera Ram shall be released on bail in connection with FIR No.44/2019 of Police Station Balesar, District Jodhpur 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
30-Babulal/-
1 issue framed by the court
Whether bail should be granted to the accused under Section 439 Cr.P.C. pending trial in a case involving sexual offences.
1 provisions across 1 enactments
Kumbha Ram
State
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
