Gaurav vs State Of Rajasthan

Vijay Bishnoi, J

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR/CR No.916/2022 of Police Station Pratap Nagar, District Udaipur for the offences punishable under Sections 420 and 376 IPC. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the allegations levelled in the impugned FIR are absolutely false. It is also submitted that as a matter of fact, the marriage of the petitioner and the complainant was scheduled to be held on 04.12.2022, however, just two days prior to that, the complainant has filed this false FIR alleging that the petitioner and his family are demanding money. Learned counsel for the petitioner has further submitted that no such money has ever been demanded by the petitioner and his family members whereas on the other hand, the petitioner and his family have spent lacks of rupees on preparation of the marriage. It is further submitted that the complainant was not willing to marry with the petitioner, therefore, she has filed this false FIR.

Learned Public Prosecutor has 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, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Gaurav S/o Shri Prakash shall be released on bail in connection with FIR/CR No.916/2022 of Police Station Pratap Nagar, District Udaipur provided he executes a personal bond in a sum of Rs.50,000/-with two sound and solvent sureties of Rs.25,000/- 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.