Allowed

Udailal v. State of Rajasthan

Rajasthan HC6 May 2024CRLMB/3699/2024

Case brief

AI extract

What is this about?

The High Court allowed a third bail application filed by an accused in a case involving rape and arson. The court granted bail considering the lengthy trial and the fact that the prosecutrix's cross-examination statement suggested the FIR was false, without expressing an opinion on merits.

What did the court decide?

Bail granted subject to furnishing personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each.

Udailal Vs State of Rajasthan — Child Sexual Offences (POCSO) | Rajasthan HC (2024)

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[2024:RJ-JD:19804]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 3699/2024

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Udailal S/o Dharmaram, Aged About 32 Years, R/o Palaya Pipala, P.s Ogana, Dist. Udaipur (Raj.) (At Present Lodged In Central Jail, Udaipur)

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----Petitioner

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	Versus
State Of Rajasthan,	Through PP ----Respondent
For Petitioner(s)	: Ms. Deepika Purohit
For Respondent(s)	: Md. Javed Khan Guri

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HON'BLE DR. JUSTICE NUPUR BHATI

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Order

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06/05/2024

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Heard learned counsel for the parties as well as perused the material available on record.

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The instant third bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in connection with F.I.R. No.121/2023 dated 04.09.2023, registered at Police Station Ogana, District Udaipur, for the offence under Sections 450, 376(2)(N) of the IPC. 3. The first bail application of the petitioner was dismissed by this Court vide order dated 08.11.2023 with the liberty to come back before the Court after filing of charge-sheet, however, the charge-sheet has been filed now.

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Thereafter, the petitioner preferred second bail application which was also dismissed as not pressed at that stage by this Court vide order dated 25.01.2024.

[2024:RJ-JD:19804]

[CRLMB-3699/2024]

(2 of 3)

Learned counsel for the petitioner submits that the instant third bail application has been preferred by the petitioner on account of change in circumstances, as after rejection of the second bail application, statement of the prosecutrix has been recorded. She further submits that the prosecutrix in her crossexamination has specifically deposed that she was compelled to lodge FIR against the petitioner on account of false pretext.

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Learned counsel for the petitioner also submits that the prosecutrix is a tutored witness and whatever she has stated in her cross-examination, has been tutored by her husband and the in-laws, which amounts to improvement/contradiction in her statements recorded earlier under Sections 161 and 164 Cr.P.C., respectively.

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Per contra, learned Public Prosecutor opposes the bail application.

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In view of the above and having regard to the entirety of facts and circumstances of the case as available on record and looking to the fact that the trial will consume time and without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the petitioner deserves to be enlarged on bail.

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Consequently, the bail application is allowed. It is ordered that the accused-petitioner namely Udailal S/o Dharmaram in relation to the F.I.R. No.121/2023 dated 04.09.2023, registered at Police Station Ogana, District Udaipur, shall be released on bail; provided he/she furnishes a personal bond in the sum of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the

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(3 of 3) [CRLMB-3699/2024]

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[2024:RJ-JD:19804]

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satisfaction of the 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.

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(DR. NUPUR BHATI),J

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364-ajayS/-

Udailal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Udailal v. State of Rajasthan

Case brief

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What did the court decide?

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