A bail application was filed by Dinesh Kumar under Section 439 Cr.P.C. in connection with offences under IPC Sections 366, 376(2)(n) and 376D. The court allowed the application and ordered his release on personal bond with sureties.
Release on bail on personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each, appearing before trial court.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5193/2022
Dinesh Kumar S/o Shri Sakaram @ Sakharam, Aged About 27 Years, R/o Devali, P.s. Sheoganj, District Sirohi (Raj.) (Presently Lodged In District Jail, Sirohi)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) For Respondent(s)
: Bharat Singh Rathore : Mr. A.R. Choudhary, P.P.
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
26/07/2022
The instant bail application has been filed under Section 439 Cr.P.C. by the applicant for grant of bail in connection with FIR No.250/2021, registered at Police Station Sheoganj (Arinpur), District Sirohi, for offences punishable under Sections 366, 376(2) (n) & 376D IPC.
Heard learned counsel for the parties and perused the material available on record.
Learned counsel for the applicant submits that prosecutrix is major married lady aged about 27 years, who has levelled false allegation of committing rape with her, against the applicantDinesh Kumar. There were consensual relations between the parties. The prosecutrix has not levelled allegation of rape against co-accused Punaram. After completion of the investigation, charge-sheet has been filed. The applicant is under custody since
(2 of 2)
[CRLMB-5193/2022]
15.12.2021. In view of the above circumstances, learned counsel for the applicant prays to allow the bail application.
Learned Public Prosecutor opposes the grant of bail application.
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, without expressing any opinion on merits of the case, this Court deems it just and proper to enlarge the accused-applicant on bail under Section 439 Cr.P.C.
Accordingly, this bail application under Section 439 Cr.P.C. is allowed. It is ordered that the applicant Dinesh Kumar S/o Shri Sakaram @ Sakharam, who is in custody in connection with FIR No.250/2021, registered at Police Station Sheoganj (Arinpur), District Sirohi, shall be released on bail provided he shall execute personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with two sound & solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each & every date of hearing and whenever called upon to do so.
(RAMESHWAR VYAS),J
10-Samvedana/-
2 issues framed by the court
Whether bail should be granted to the accused under Section 439 Cr.P.C.
Whether the accused satisfies the requirements for bail considering the allegations against him.
1 provisions across 1 enactments
Dinesh Kumar
State Of Rajasthan
Rameshwar Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
