HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
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).
State of Rajasthan Through PP.
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
1. Petitioner has filed this bail application under Section 439
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
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
(2 of 2)
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
(PANKAJ BHANDARI), J.