AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
7 paragraphs · 376 wordsRekha Borana, J
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.92/2022, Police Station Bilara, District Jodhpur, registered for the offences punishable under Sections 457, 323, 376/511 IPC.
Learned counsel appearing for the petitioner submits that accused-petitioner has falsely been implicated in the matter. The actual dispute was between the accused-petitioner and Vijay, brother-in-law of the complainant, due to which this false FIR has been lodged by the complainant against him at the instance of Vijay. With these submissions, counsel for the petitioner prayed that benefit of bail may be granted to the petitioner.
Per contra, learned Additional Advocate General opposed the bail application.
Heard learned counsel appearing for the petitioner and learned Additional Advocate General. Perused the case diary so also the material available on record.
The specific allegation in the FIR is that the accused-petitioner caused injury to Vijay by lathi due to which his hand got fractured and he also beated her rashly but there is no injury report of said Vijay or the complainant available on record. It has also been alleged in the FIR that accused entered the house of complainant thrice in night with the intent to commit rape. Inspite of the said fact, the FIR has also been lodged after 24 hours of the alleged incident which makes the version of the complainant a bit unbelievable. Therefore, having regard to the facts and circumstances of this case, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
Consequently, the bail application is allowed. It is ordered that the accused-petitioner – Mahendra S/o Kojaram arrested in connection with F.I.R. No.92/2022 registered at Police Station Bilara, District Jodhpur, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs. 50,000/- (Rupees Fifty Thousand) and two sureties of Rs. 25,000/-(Rupees Twenty Five Thousand) each to the satisfaction of the 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.