This bail application was allowed by single judge Justice Vijay Bishnoi. The court granted personal bail to the petitioner after perusing the material on record and hearing counsel, without expressing an opinion on the merits at that stage.
Petitioner released on bail in sum of Rs.50,000 with two sureties of Rs.25,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 8895/2019
Noratmal @ Navratan S/o Shri Ganeshmal, Aged About 53 Years, By Caste Jangid, Resident Of Behind Hp Gas Godown, Bangla Nagar, Bikaner.
(At Present Lodged In Central Jail, Bikaner).
----Petitioner
Versus
State of Rajasthan
----Respondent
| For Petitioner(s) | : Mr. Hari Shanker Shrimali |
|---|---|
| For Respondent(s) | : Mr. A.R. Choudhary, P.P. |
| For Complainant(s) | : Mr. Varun Arora |
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
01/08/2019
Heard learned counsel for the petitioner as well as learned Public Prosecutor assisted by learned counsel for the complainant and also perused the material on record.
The petitioner has been arrested in FIR No.252/2019 of Police Station Nayashahar, District Bikaner for the offences punishable under Sections 376(2)(N), 376(D), 450 and 366 IPC. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that the prosecutrix is 35 years of major lady and the allegation against the petitioner of sexual assault is false. It is submitted that the charge-sheet has been filed and the trial of the case will take time.
(2 of 2)
[CRLMB-8895/2019]
Learned Public Prosecutor as well as learned counsel for the
complainant have 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 - Noratmal @ Navratan S/o Ganeshmal shall be released on bail in connection with FIR No.252/2019 of Police Station Nayashahar, District Bikaner 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
Abhishek Kumar S.No.83
1 issue framed by the court
Whether the bail application under Section 439 Cr.P.C. should be allowed in a case involving offences under Sections 376, 450 and 366 IPC.
1 provisions across 1 enactments
Noratmal @ Navratan S/o Shri Ganeshmal
State of Rajasthan
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
