Special Bail Application filed by Azarudin S/o Shri Babu Kathat arrested under Sections 506 and 376(2)(n) IPC. The High Court granted bail, directing submission of a personal bond with two sureties to the trial court.
Petitioner released on bail via personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each.
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[2023/RJJD/010735]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 3279/2023
Azarudin S/o Shri Babu Kathat, Aged About 24 Years, R/o Mataji Ka Badiya, Badi Pole, Chong Sendra Police Station, Tehsil Raipur, District Pali (Lodged In Sub Jail, Jaitaran)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. Karan Singh Rathore |
|---|---|
| For Respondent(s) | : Mr. Arun Kumar,PP |
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
19/04/2023
The petitioner has been arrested in connection with FIR No.41/2023 of Police Station Sendra, District Pali for the offence punishable under Sections 506 & 376(2)(n) of IPC. He has preferred this bail application under Section 439 Cr.P.C. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. It is submitted that the petitioner and prosecutrix were in a consensual relationship. In support of this, photographs of the petitioner and the prosecutrix are available on record. The prosecutrix is a major of 21 years. Charge-sheet of the case has been filed. The accusedpetitioner is behind the bars since long and the trial of the case will take time. Therefore, it is prayed that the accused-petitioner may be enlarged on bail.
Learned Public Prosecutor has vehemently opposed the bail application.
[2023/RJJD/010735]
[CRLMB-3279/2023]
(2 of 2)
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, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Azarudin S/o Shri Babu Kathat shall be released on bail in connection with FIR No.41/2023 of Police Station Sendra, District Pali provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- 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.
(MADAN GOPAL VYAS),J
23-nidhi/-
2 issues framed by the court
Whether the accused-petitioner is eligible for bail under Section 439 Cr.P.C. in a case involving Section 376(2)(n) IPC.
Whether the consensual relationship alleged by the petitioner warrants granting bail.
2 provisions across 2 enactments
Azarudin S/o Shri Babu Kathat
State Of Rajasthan
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
