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 · 329 wordsRameshwar 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. 231/2022 registered at Police Station Sukher, Udaipur, 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 petitioner and the prosecutrix got married in a temple. Prosecutrix in her complaint averred that she is wife of the present petitioner. However, she had made false allegation of rape against the petitioner. The prosecutrix is major lady aged about 25 years. There is no truth in the allegation of rape. In the above circumstances, learned counsel for the petitioner prays to grant bail application.
Learned counsel for the complainant as also Public Prosecutor have opposed the bail application. Learned counsel for the complainant submits that the petitioner solemnized marriage with the prosecutrix and made physical relations with her on false promises. Learned counsel for complainant further submits that they have got married at the instance of the petitioner.
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 Sharwan Singh S/o Sh. Banwar Singh Sodha, who is in custody in connection with FIR No. 231/2022 registered at Police Station Sukher, District Udaipur, 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.