High CourtsSingle Bench

Jitendra vs State Of Rajasthan

Rajasthan High Court · Decided on 28 July 2022 · Citation: (2022) 07 RAJ CK 0075

HON’BLE JUDGES
Rameshwar Vyas, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 376
RESULT
Allowed
CASE NUMBER
S.B. Criminal Miscellaneous Bail Application No. 5677 Of 2022
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Judgment

7 paragraphs · 278 words

Rameshwar Vyas, J

The instant bail application has been filed under Section 439 Cr.P.C. by the petitioner for grant of regular bail in connection with FIR No. 25/2022 registered at Police Station Varda, District Dungarpur, for offence punishable under Section 376 IPC.

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

Learned counsel for the petitioner submits that the prosecutrix and the petitioner are neighbours. Prosecutrix is major married lady, who has levelled false allegation against the petitioner. The incident is alleged to have been occurred in the month of April, 2021, however, the report of the said incident has been lodged on 2.4.2022. In the above circumstances, learned counsel for the petitioner prays to grant bail application.

On the other hand, learned Public Prosecutor has opposed the bail application.

Having regard to the rival submission made by the learned counsel for the parties and material available on record, in the facts and circumstances of the case, without expressing any opinion on merits of the case, this Court deems it just and proper to enlarge the accused-petitioner on bail under Section 439 Cr.P.C.

Accordingly, this bail application under Section 439 Cr.P.C. is allowed. It is ordered that the petitioner Jitendra S/o Jagdishchandra, who is in custody in connection with FIR No. 25/2022 registered at Police Station Varda, District Dungarpur, shall be released on bail provided he shall execute personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with two sound & solvent sureties of Rs.50,000/- each, to the satisfaction of learned trial court for his appearance before that court on each & every date of hearing and whenever called upon to do so.