Rajasthan High Court - Jodhpur
Sunil Gurjar Gaur vs The State Of Rajasthan on 4 August, 2020
Author: Devendra Kachhawaha
Bench: Devendra Kachhawaha
(1 of 2) [CRLMB-6762/2020]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6762/2020
Sunil Gurjar Gaur S/o Balwant Kumar Gurjar Gaur, Aged About
30 Years, 06, New Colony, Goverdhan Villas, Udaipur (Raj.). (At
Present Lodged At Central Jail Udaipur).
----Petitioner
Versus
The State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. R.K Charan through video call
For Respondent(s) : Mr. Mahipal Bishnoi, P.P.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order 04/08/2020 In the wake of onslaught of COVID-19, as an abundant caution, hearing of the cases shall be only through video conferencing.
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.178/2020, Police Station Sukher, District Udaipur, registered for the offences under Section 376 of IPC and under Section 67 of Information Technology Act, 2000.
Heard learned counsel for the parties. Perused the material available on record.
Learned counsel for the petitioner through video call stated that as per F.I.R. itself, there is relation of the petitioner with the prosecutrix based on mutual consent; victim is 40 years old lady; she visited so many places alongwith petitioner and they are also mutually business partners. But when some disputes arose between the parties, this false report has been filed against the (Downloaded on 04/08/2020 at 08:34:50 PM) (2 of 2) [CRLMB-6762/2020] petitioner. Therefore, benefit of bail may be granted to the petitioner.
On the contrary, learned Public Prosecutor stated that during the statements recorded under section 164 Cr.P.C, prosecutrix supported the story of the prosecution.
As per F.I.R and statements recorded under Section 164 Cr.P.C, husband of prosecutrix had died and thereafter petitioner and prosecutrix are living in relation. For so many times, prosecutrix has participated in parties with the petitioner and even, petitioner is partner of prosecutrix in Ananta Boutique. It appears that for some dispute and after long time, this FIR has been filed.
Having regard to the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case at this stage, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
Consequently, the bail application is allowed. It is ordered that the accused-petitioner-Sunil Gurjar Gaur S/o Balwant Kumar Gurjar Gaur, arrested in connection with F.I.R. No.178/2020, Police Station Sukher, District Udaipur, shall be released on bail provided he furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupess Twenty Five Thousand) each to the satisfaction of the learned trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(DEVENDRA KACHHAWAHA),J 20-Arvind/-
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