This order grants regular bail to two petitioners in a rape and cheating case. The court allowed the bail applications despite opposition, directing the release on personal bond with sureties without expressing an opinion on the merits.
Released on bail on execution of personal bond of Rs.50,000/- each 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 Misc. Bail Application No. 8501/2022
Shrawan Kumar S/o Prabhu Ram, Aged About 25 Years, R/o Badha, P.S. Rodta, District Barmer
(At Present Lodged In Sub Jail, Sanchore)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
Connected With
S.B. Criminal Misc. Bail Application No. 4103/2022
Laxman Singh S/o Sh. Mana Ram, Aged About 30 Years, R/o Village Khamrai, P.S. Sarvana, District Jalore.
(Presently Lodged In Sub Jail, Sanchore, District Jalore).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
| For Petitioner(s) | : Mr. Kuldeep Sharma Mr. Rakesh Arora |
|---|---|
| For Respondent(s) | : Mr. Mahipal Vishnoi, Public Prosecutor Mr. Jogendar Singh, for the complainant |
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
11/07/2022
The above two bail applications have been filed under Section 439 Cr.P.C. by the petitioners for grant of regular bail in connection with FIR No. 9/2022 registered at Police Station Sarvana, District Jalore, for offences punishable under Sections 450, 376, 376(2)(n), 384/34 IPC and Section 66 of I.T. Act.
(2 of 3)
[CRLMB-8501/2022]
Heard learned counsel for the parties and perused the material available on record.
Learned counsel for the petitioners submits that the prosecutrix is a married major lady aged about 30 years. She has levelled false allegation of rape against the petitioners. There is substantial delay of three months in filing the FIR of the alleged incident. The statement of the prosecutrix is totally false. After completion of investigation, charge-sheet has already been filed. Petitioner Shrawan Kumar is behind the bars since 3.4.2022 and petitioner Laxman Singh is in custody since 29.1.2022. In the above circumstances, learned counsel for the petitioners pray to grant bail application.
Learned counsel for the complainant as also learned Public Prosecutor have opposed the bail applications.
Having regard to the rival submission made by the learned counsel for the parties and material available on record, in the facts and circumstances of the case and without expressing any opinion on merits of the case, this Court deems it just and proper to enlarge the accused-petitioners on bail under Section 439 Cr.P.C.
Accordingly, both the bail applications under Section 439 Cr.P.C. are allowed. It is ordered that the petitioners (1) Shrawan Kumar S/o Prabhu Ram; and (2) Laxman Singh S/o Shri Mana Ram, who are in custody in connection with FIR No. 9/2022 registered at Police Station Sarvana, District Jalore, shall be released on bail provided they shall execute personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) each with two sound & solvent sureties of Rs.25,000/- each, to the satisfaction of
(3 of 3)
[CRLMB-8501/2022]
learned trial court for their appearance before that court on each & every date of hearing and whenever called upon to do so.
(RAMESHWAR VYAS),J
73-74-Mak/-
1 issue framed by the court
Whether to grant regular bail to the accused-petitioners involved in offences under Sections 450, 376, 376(2)(n), 384/34 IPC and Section 66 of I.T. Act.
1 provisions across 1 enactments
Shrawan Kumar S/o Prabhu Ram
Laxman Singh S/o Sh. Mana Ram
State Of Rajasthan
Rameshwar Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
