Allowed

Dharmendra Kumar S/O Shri Bhagirathmal v. State of Rajasthan

Rajasthan HC6 Mar 2024CRLMB/366/2024

Case brief

AI extract

What is this about?

Regular bail application under Section 439 Cr.P.C. in a case under Sections 376(2)(n) and 384 IPC where FIR was lodged after over three years and charge sheet was filed. The court granted bail on furnishing a personal bond with two sureties.

What did the court decide?

Petitioner to be released on bail on personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each, to appear before trial court on all hearing dates.

Dharmendra Kumar S/O Shri Bhagirathmal Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

¶1

[2024:RJ-JP:11501]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Miscellaneous Bail Application No.

¶4

366/2024

¶5

Dharmendra Kumar S/o Shri Bhagirathmal, Resident Of Ward No. 11, Ganv Dholakheda Police Station Gudha Godji District Jhunjhunu. At Present In Central Jail, Jaipur

¶6

----Petitioner

¶7

Versus

¶8

State Of Rajasthan, Through Pp

¶9

----Respondent

¶10

For Petitioner(s) : Mr. Harendra Singh Mr. Shivam Sharma Mr. Rudhraksh For Respondent(s) : Mr. Atul Sharma, PP

¶11

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Order

¶12

06/03/2024

¶13

This bail application under Section 439 Cr.P.C. has been filed by the petitioner in connection with FIR No.506/2023 registered at Police Station Brahmpuri District Jaipur City (North) wherein he is charged for offences punishable under Sections 376 (2) (N) and 384 IPC.

¶14

Learned counsel for the petitioner submits that the alleged incident has occurred three years back and after a lapse of more than three years the present FIR has been lodged by the prosecutrix without giving any reasonable explanation for the above inordinate delay. Counsel submits that the prosecutirx is a major lady of the age of 25 years and the instant case appears to be a case of consent. Counsel submits that after investigation charge-

[2024:RJ-JP:11501]

[CRLMB-366/2024]

(2 of 2)

sheet have been filed and trial will take its own time to conclude, therefore, indulgence of bail be granted to the petitioner.

¶19

Per contra, learned Public Prosecutor opposed the bail application.

¶20

Considering the arguments put forward by the learned counsel for the petitioner and looking to the fact that the FIR has been lodged after a lapse of more than three years of the alleged incident and looking to the fact that after investigation charge sheet has been filed and trial will take its own time to conclude and without expressing any opinion on merits and demerits of the case, I deem it just and appropriate to grant indulgence of bail to the petitioner under Section 439 Cr.P.C.

¶21

Accordingly, this bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner Dharmendra Kumar S/o Shri Bhagirathmal arrested in connection with aforementioned FIR, may be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

¶22

(ANOOP KUMAR DHAND),J

¶23

Diksha/77

Dharmendra Kumar S/O Shri Bhagirathmal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dharmendra Kumar S/O Shri Bhagirathmal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Nawalkishor Meena @ N.K. Meena S/O Shri Sharawanlal Vs State of Rajasthan

Hariram Gurjer S/O Harinarayan Vs State of Rajasthan

Smt. Mamta Devi W/O Lt. Shriya Nath @ Sariya Jogi Vs State of Rajasthan

Manoj Kumar S/O Rajendra Vs State of Rajasthan

Dharmendra Singh @ Karkalli S/O Hukum Singh Vs State of Rajasthan

Ashutosh Garg S/O Sh. Krishna Gopal Garg Vs Union of India