Allowed

Dinesh Gurjar S/O Mishrilal v. State of Rajasthan

Rajasthan HC6 Jul 2022CRLMB/800/2022

Case brief

AI extract

What is this about?

The Rajasthan High Court allowed a bail application filed by Dinesh Gurjar under Section 439 Cr.P.C. The court held that the prosecutrix voluntarily joined the petitioner and no rape offence was made out. Bail was granted with a personal bond and sureties.

What did the court decide?

Accused enlarged on bail via personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.

Dinesh Gurjar S/O Mishrilal Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 800/2022

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Dinesh Gurjar S/o Mishrilal, Aged About 20 Years, R/o Vill. Chhatrapura Ps Bapcha Distt. Baran Raj. (At Present In Distt. Jail Baran)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent For Petitioner(s) : Mr. Narsi Prasad Sharma For Respondent(s) : Mr. Riyasat Ali, P.P.

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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06/07/2022

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner Dinesh Gurjar S/o Mishrilal. The petitioner has been arrested in connection with FIR No. 153/2021 registered at Police Station Bapcha, District Baran for the offence(s) under Section 363 IPC.

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Learned counsel for the accused-petitioner submits that it is revealed from the statement of the prosecutrix recorded under Section 164 of the Cr.PC that she was in a relationship with the petitioner. She used to talk on her mobile. She fell in love with the petitioner and joined his company at her own free will. Thus, no offence of rape is made out. The only document collected by the Investigating Officer which shows her date of birth is the certificate dated 07.09.2021, which was obtained after the incident. No admission form, copy of scholar register, transfer

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(2 of 2)

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[CRLMB-800/2022]

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certificate or mark-sheet has been collected to establish the fact that she was below 18 years of age at the relevant point of time. The petitioner is a boy of 20 years. He is facing incarceration since September, 2021. No fruitful purpose would be served by keeping the accused-petitioner behind the bars till disposal of the case.

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Per contra, learned Public Prosecutor has opposed the bail application.

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Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case, this court deems it just and proper to enlarge the accusedpetitioner on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner named above shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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(FARJAND ALI),J

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HARSHIT/13

Dinesh Gurjar S/O Mishrilal v. State of Rajasthan

Case brief

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Dinesh Gurjar S/O Mishrilal v. State of Rajasthan

Case brief

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