HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 115/2020
Shivraj S/o Banshiram B/c Sain, R/o Private Bus Stand, Jabreshwar
Balaji Mandir Bhawanigarh, Deedwana, Police Station Deedwana
District Nagaur (At Present Confined In Sub Jail Sambharlake)
—-Petitioner
Versus
State Of Rajasthan, Through Pp
—-Respondent
For Petitioner(s) : Mr. Rakesh Chandel for
Mr. Dinesh Pareek
For Respondent(s) : Mr. Sanjeev Kumar Mahala, P.P.
For Complainant : Mr. Rajesh Sharma for
Ms. Chetana Sharma
HON’BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
27/01/2020
The present bail application has been filed under Section 439
Cr.P.C. The petitioner has been arrested in connection with FIR
No.114/2019 registered at Police Station Sambharlake, District Jaipur
for the offence(s) under Section(s) 498-A, 406, 323, 354-A, 377, 494
of I.P.C.
It is contended by learned counsel for the petitioner that the FIR
is delayed and the Investigating Agency has erroneously filed charge-
sheet under Section 299 Cr.P.C. ignoring the statement of constable
Mahendra Singh. He contended that the petitioner has falsely been
implicated in the case and the allegations are unnatural on their face.
He submitted that the petitioner is in custody since 18.12.2019. He,
therefore, prayed for release of the petitioner on bail.
Learned Public Prosecutor assisted by the counsel for the
complainant has opposed the bail application and submits that there
are serious allegations leading to offence under Section 354A and 377
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IPC besides other offences. He further submits that dowry articles are
yet to be recovered and the petitioner does not deserve indulgence of
bail.
Heard learned counsels for the parties and perused the record.
So far as the allegation under Section 377 IPC is concerned, it is
subject matter of trial as to whether the same would subsist in view of
amended definition of rape under Section 375 IPC. However, taking
into consideration the submissions advanced by learned counsel for the
petitioner, length of the custody and nature of allegation; but, without
expressing any opinion on the merits of the case, this court deems it
just and proper to enlarge the petitioner on bail.
Accordingly, the bail application is allowed and it is directed that
accused-petitioner Shivraj S/o Banshiram shall be released on bail
under Section 439 Cr.P.C. in connection with afore-mentioned FIR
registered at concerned Police Station, provided he furnishes a
personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only)
together with two sureties in the sum of Rs.25,000/- (Rupees Twenty
Five Thousand only) each to the satisfaction of the trial court with the
stipulation that he shall comply with all the conditions laid down under
Section 437(3) Cr.P.C.
(MAHENDAR KUMAR GOYAL),J
Sudha/58
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