Mohan Lal vs State Of Rajasthan Through Pp on 24 October, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Criminal Miscellaneous Bail No. 12479 / 2017
Mohan Lal S/o Madi Lal, Mali, R/o Village Badodiya, Police Station
Hindoli, District Bundi, Raj. (At Present Accused Petitioner
Confined in District Jail, Bundi).
—-Petitioner
Versus
State of Rajasthan Through PP.
—-Respondent

__
For Petitioner(s) : Mr. Jitendra Bajaj
For Respondent(s) : Mr. R.R. Singh Rathore, PP
Mr. Amit Dadhich
__
HON’BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
24/10/2017

1. Petitioner has filed this bail application under Section 439

Cr.P.C.

2. F.I.R. No.0339/2017, was registered at Police Station Hindoli,

District Bundi for offence under Sections 376-D, 341, 323, 120-B

I.P.C.

3. It is contended by counsel for the petitioner that the Police

after investigation has not found any case made out under Section

376-D of I.P.C. and at most Section 354 I.P.C. is made out. It is

also contended that there is cross F.I.R. has been filed by the

petitioner in which statement of Rinku has been recorded,

wherein, she has alleged that rape was committed upon her.

4. Counsel for the complainant has opposed the bail

application. His contention is that the prosecutrix in this case in
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[CRLMB-12479/2017]

her statement under Section 164 Cr.P.C. has specifically alleged

that present petitioner and Mool Chand committed rape with her.

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the

petitioner, I deem it proper to allow the bail application.

7. This bail application is, accordingly, allowed and it is directed

that accused-petitioner shall be released on bail provided he

furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty

thousand) together with two sureties in the sum of Rs.25,000/-

(Rupees twenty five thousand) each to the satisfaction of the trial

Court with the stipulation that he shall appear before that Court

and any Court to which the matter be transferred, on all

subsequent dates of hearing and as and when called upon to do

so.

(PANKAJ BHANDARI), J.

Arti/57

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