Allowed

Bhajjan Lal v. State of Rajasthan

Rajasthan HC5 Apr 2024CRLMB/465/2024

Case brief

AI extract

What is this about?

Justice Farjand Ali dismissed concerns regarding the gravity of the offenses involving Section 376 IPC and 384 IPC charges. The court tentatively accepted the defense plea of consensual relations between two majors. Bail was granted under Section 439 CrPC subject to a bond with sureties to ensure appearance.

What did the court decide?

Accused petitioner enrolled on bail with a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each to ensure appearance in court.

Bhajjan Lal Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2024)

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[2024:RJ-JD:15700]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 465/2024

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Bhajjan Lal S/o Shri Jagram, Aged About 25 Years, R/o Ranasar Khurd Rgt Nagar Police Station Tehsil Nokhara District Barmer (Lodged In District Jail Barmer)

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----Petitioner

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Versus

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1.State Of Rajasthan, Through Pp

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Smt. Omi D/o Duda Ram Jat R/o Ravo Ki Beri, Lakhu, Tehsil & Police Station Dhorimanna, District Barmer.

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----Respondents

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For Petitioner(s)	: Mr.	K.L. Bishnoi
For Respondent(s)	: Mr.	Mukhtiyar Khan,PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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05/04/2024

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The jurisdiction of this court has been invoked by way of filing an application under Section 439 CrPC at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

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S.No.	Particulars of	the Case
1.	FIR Number	246/2023
2.	Concerned Police Station	Dhori Manna
3.	District	barmer
4.	Offences alleged in the FIR	Sections 376(2)(n) & 384 of the IPC
5.	Offences added,if any	& Section 67 of the IT Act
6.	Date of passing of impugned order	04.01.2024

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It is contended on behalf of the accused-petitioner that the

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victim is a consenting party no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work

[2024:RJ-JD:15700]

[CRLMB-465/2024]

(2 of 3)

against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.

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Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submit that the present case is not fit for enlargement of accused on bail.

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Have heard and considered the submissions made by both the parties and perused the material made as available to this Court.

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Perusal of the material revealing that the victim is a 21 years old young married lady. After going through the averments made in the FIR; statements of the victim recorded under Sections 161 & 164 Cr.P.C. as also the photographs attached with the bail application it is felt that the relations between the victim and the petitioner were intimate which persuading this Court to tentatively accept the defence plea of consensual sexual relations between the two majors; at least for the purpose of protection of right to liberty of a detained person. After investigation, charge sheet has been filed and there is high probability that the trial may take long time to conclude. Thus, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter.

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Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner as named in the cause title 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

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(3 of 3) [CRLMB-465/2024]

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[2024:RJ-JD:15700]

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Judge for his appearance before the court concerned on all the

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dates of hearing as and when called upon to do so.

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(FARJAND ALI),J

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15-Mamta/-

Bhajjan Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bhajjan Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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