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Prithviraj vs State on 21 February, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 2257/2019

Prithviraj S/o Late Bhanwar Lal, Aged About 37 Years, B/c Bargi,
R/o 133, Prithvipura, Rasala Road, Mahamandir Police Station,
Paota Jodhpur, District Jodhpur Metro. (Lodged In Central Jail,
Jodhpur)

—-Petitioner
Versus
State, Through P.p.

—-Respondent

For Petitioner(s) : Mr. Ramchandra Sinwer, Mr. Premdev
For Respondent(s) : Mr. Pankaj Avasthi, PP

HON’BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

21/02/2019

Heard learned counsel for the petitioner as well as

learned Public Prosecutor and also perused the material on

record.

The petitioner has been arrested in FIR No.483/2018 of

Police Station Mahamandir, Distt. Jodhpur for the offence

punishable under Section 354 IPC and Section 7/8 of the

POCSO Act. He has preferred this bail application under

Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that

the allegation against the petitioner is to the effect that he

outraged modesty of minor daughter of his elder brother. It is

submitted that though, it is alleged that the incident took

place on 7.9.2018, however, complaint in relation to the same

was filed before the trial court only on 27.9.2018. It is further
(2 of 3) [CRLMB-2257/2019]

submitted that as a matter of fact, dispute regarding a

residential house is going on between the petitioner and his

elder brother since last so many years. It is submitted that

earlier also, in the year 2015, wife of petitioner’s elder

brother has filed FIR alleging that the petitioner attempted to

rape her with the aid of his mother however, in that FIR, the

petitioner and his mother were granted anticipatory bail by

this Court and later on, the trial court has also found that the

allegation against the petitioner of attempting to commit rape

upon his elder brother’s wife is false and, therefore, he was

discharged from the offence punishable under Section

376/511 IPC. Learned counsel for the petitioner has

submitted that now, complaint regarding misbehaviour with

the daugher of petitioner’s elder brother has been filed by the

wife of elder brother of the petitioner, however, looking to the

history of litigations between the parties, it is clear that the

said allegation is false and the same has been levelled only

with the intention to deprive the petitioner from his property.

It is further submitted that there is no explanation regarding

the inordinate delay in filing the complaint and the manner, in

which, the incident alleged to have been taken place is very

much doubtful. It is submitted that charge-sheet has been

filed in the matter and trial of the case is likely to take time.

Learned Public Prosecutor has opposed the bail

application.

Having regard to the totality of the facts and

circumstances of the case, without expressing any opinion on

the merits of the case, I deem it just and proper to grant bail

to the accused petitioner under Section 439 Cr.P.C.

(3 of 3) [CRLMB-2257/2019]

Accordingly, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner – Prithviraj

S/o Late Bhanwar Lal shall be released on bail in connection

with FIR No.483/2018 of Police Station Mahamandir, Distt.

Jodhpur provided he executes a personal bond in the sum of

Rs.50,000/- with two sound and solvent sureties of

Rs.25,000/- each to the satisfaction of learned trial court for

his/her/their appearance before that court on each and every

date of hearing and whenever called upon to do so till the

completion of the trial.

(VIJAY BISHNOI),J

62-msrathore/-

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