In this bail application, the High Court of Rajasthan granted bail to the petitioner accused of sexual assault offenses under IPC Sections 457 and 376/511.
Petitioner released on bail: personal bond of Rs.50,000/- and 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.
[2023:RJ-JD:34221]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 11416/2023
Ashok @ Suresh S/o Bhika Ram, Aged About 40 Years, R/o Sindhipura, P.s. Pipar City, District Jodhpur (Raj.) (At Present Lodged In Sub Distt. Jail Pichiyak)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Javed Hussain For Respondent(s) : Mr. Mahipal Bishnoi, P.P.
HON'BLE MR. JUSTICE KULDEEP MATHUR Order
10/10/2023
This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.119/2023 registered at Police Station Pipar City, District Jodhpur for the offences under Sections 457 and 376/511 IPC. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submitted that the prosecutrix is mature married woman. Learned counsel submitted that allegation against the present petitioner is that he tried to commit sexual assault upon the victim. Learned counsel submitted that the petitioner neither committed sexual assault upon the victim nor entered into the house of the prosecutrix. Learned counsel submitted that as a matter of fact, the petitioner and the prosecutrix are neighbors and due to some ongoing dispute between the parties, the petitioner has been falsely roped in a
[2023:RJ-JD:34221]
[CRLMB-11416/2023]
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criminal case. Lastly, it was submitted that no recovery is due to be made from the present petitioner; the petitioner is in judicial custody and the trial of the case will take sufficiently long time and no fruitful purpose would be served by keeping the petitioner behind the bars for an indefinite period.
On these grounds, he implored the court to enlarge the petitioner on bail.
Per contra , learned Public Prosecutor vehemently opposed the bail application.
Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.
Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner - Ashok @ Suresh S/o Bhika Ram arrested in connection with F.I.R. No.119/2023 registered at Police Station Pipar City, District Jodhpur shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two 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 till completion of the trial.
(KULDEEP MATHUR),J
80-Ravi Khandelwal
1 issue framed by the court
Whether the petitioner should be granted bail under Section 439 Cr.P.C.
1 provisions across 1 enactments
Ashok @ Suresh S/o Bhika Ram
State Of Rajasthan
Kuldeep Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
