High Court granted bail to the petitioner arrested for offences including Section 366 and 376 IPC. The court ordered release on a personal bond of Rs.1 lakh with two sureties.
Petitioner released on bail on personal bond of Rs.1,00,000 with two sureties of Rs.50,000 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/010682]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 941/2023
Dinesh Dewasi S/o Lunmba Ram, Aged About 22 Years, Baba Gaon, Ps Takhtgarh, Dist. Pali, Rajasthan. (At Present Lodged At Sub Dist. Jail Bali Dist. Pali).
----Petitioner
Versus
State Of Rajasthan, Through Pp
| ----Respondent | ||
|---|---|---|
| For Petitioner(s) | : Mr. K. P. RajDeora |
|
| For Respondent(s) | : Mr. Anees Bhurat, PP Mr. Bhoma Ram,Addl. |
S.P. Pali |
HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order
18/04/2023
The petitioner has been arrested in connection with FIR No.162/2022 of Police Station Rani, District Pali for the offence punishable under Sections 313, 323/34, 366, 368, 376(2)(n), 506 & 120B of IPC. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that the relationship between the petitioner and the victim was consensual in nature. It is further submitted that even they have solemnized marriage and there is a marriage certificate as well. It is further submitted when the missing report was lodged, and when the victim was recovered, her statements were recorded wherein she specifically stated that as per her whims and wishes she is residing with the petitioner. It is also submitted that the victim is major and no offence as alleged against the petitioner in the
[2023/RJJD/010682]
[CRLMB-941/2023]
(2 of 2)
present matter has been committed by him. 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.
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 Dinesh Dewasi S/o Lunmba Ram shall be released on bail in connection with FIR No.162/2022 of Police Station Rani, 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
12-nidhi/-
1 issue framed by the court
Whether bail be granted to the accused despite allegations of burglary under Section 366 IPC?
1 provisions across 1 enactments
Dinesh Dewasi
State Of Rajasthan
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
