In a bail application under Section 439 Cr.P.C., the Rajasthan High Court at Jodhpur enlarged the petitioner on bail in a case involving alleged rape and attempt to deforce marriage, directing him to furnish a bond and sureties.
Petitioner enlarged on bail on furnishing a personal bond of Rs. 50,000 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.
[2023/RJJD/017461]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 4857/2023
Kirshanlal @ Kishan S/o Sh. Sita Ram, Aged About 30 Years, W.no. 7, Valmiki Basti, Shri Karanpur P.s. Shri Karanpur, Dist. Sri Ganganagar.
(Presently Lodged In Central Jail, Sri Ganganagar).
----Petitioner
| Versus |
|---|
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr.Devi Lal Rawla, |
|---|---|
| Mr.Pravesh Kumar Rawla. | |
| For Respondent(s) | : Mr.S.S.Rajpurohit,P.P. |
HON'BLE MR. JUSTICE KULDEEP MATHUR
ORDER
25/05/2023
This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.19/2023 registered at Police Station Srikaranpur, District Sriganganagar, for offences under Sections 376(2)(n) and 450 IPC.
Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Drawing attention of the Court towards FIR dated 4.2.2023, learned counsel submitted that as per the FIR, prosecutrix was in consensual relationship with the present petitioner from last more than 5 years. Learned counsel submitted that the prosecutrix is a widow and a mature lady, who had fallen in love with present petitioner as she needed a companion. Learned counsel submitted
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that prosecutrix in the FIR has stated that petitioner developed consensual relationship with her by saying/promising that he would marry her. However, the fact that they were in relationship for more than 5 years clearly shows that even if the allegations are taken at their face value and accepted in totality, then too they do not make out a case of forcible sexual assault upon prosecutrix by the present petitioner. Learned counsel submitted that the petitioner has been falsely roped in the FIR only when the relations between the prosecutrix and the petitioner turned strained.
Learned counsel submitted that the petitioner is in judicial custody, challan has been filed and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.
Per contra, learned Public Prosecutor opposed the bail application.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
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.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner- Kirshanlal @ Kishan S/o Sh. Sita Ram shall be enlarged on bail in connection with FIR No.19/2023 registered at Police Station Srikaranpur, District Sriganganagar, provided he furnishes a
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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 so.
It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.
(KULDEEP MATHUR),J
/tarun goyal/ Sr.No.74
2 issues framed by the court
Whether bail should be granted to the petitioner charged under Sections 376(2)(n) and 450 IPC.
Whether the petitioner can be enlarged on bail on furnishing a personal bond and sureties.
1 provisions across 1 enactments
Kirshanlal @ Kishan
State Of Rajasthan
Kuldeep Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
