Allowed

Narsi Ram v. State of Rajasthan

Rajasthan HC6 May 2024CRLMB/1031/2024

Case brief

AI extract

What is this about?

Bail application under Section 439 Cr.P.C. for an accused in a Section 376-D IPC case. Co-accused was already on anticipatory bail and the prosecutrix filed a compromise stating no objection. The court enlarged the petitioner on bail without expressing anything on merits.

What did the court decide?

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

Narsi Ram Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JD:19936]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 1031/2024

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Narsi Ram S/o Shri Gaja Ram, Aged About 28 Years, R/o Bagli, Ps Jhab, Dist Sanchore. (At Present Lodged At Balotra Jail)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp 2. Sohan Kanwar W/o Shri Jalam Singh, R/o Junibali, Teh Bagoda, Dist Sanchore.

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----Respondents

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For Petitioner(s)	:	Mr. Raja Ram, Adv.
		Mr. Gaja Ram (Father of the Petitioner ispresent in Person)
For Respondent(s)	:	Mr. Salim Khan Mehar, PP,
		Mr. Aalim Ansari for complainant

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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THROUGH VIDEO CONFERENCING

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Order

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06/05/2024

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.243/2022 registered at Police Station Gudamalani, District Barmer for the offence(s) under Section 376-D of IPC.

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Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that the petitioner is in custody since 22.12.2023 and trial/investigation of the case may take considerable time. The other co-accused Lumba Ram has already been enlarged on

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anticipatory bail by the concerned trial Court vide order dated 14.03.2024. He further submits that the prosecutrix “X” has arrived at compromise with the present petitioner, therefore, the bail application may be allowed.

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Learned Public Prosecutor vehemently opposes the bail application.

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Learned counsel for the complainant submits that compromise have been arrived at between the prosecutrix and the present petitioner. The prosecutrix has submitted the compromise describing the fact of compromise entered between the parties, therefore, if bail application of the petitioner is allowed then the complainant/prosecutrix have no objection.

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Heard and perused the material available on record. 5. Considering the fact that the other co-accused Lumba Ram has already been enlarged on anticipatory bail by the trial Court vide order dated 14.03.2024 and prosecutrix has submitted the compromise stating the fact that she has arrived at compromise with the petitioner, thus, without expressing anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner 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 Narsi Ram S/o Shri Gaja Ram in connection with FIR No.243/2022 registered at Police Station Gudamalani, District Barmer, 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

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the court concerned on all the dates of hearing and as and when

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called upon to do so.

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(PRAVEER BHATNAGAR),J

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Keshav/44

Narsi Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Narsi Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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