Rajasthan High Court - Jodhpur
Bagat Giri vs State Of Rajasthan on 18 February, 2019
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 1700/2019
Bagat Giri S/o Shri Shankar Girir, Aged About 24 Years, By Caste
Swami, R/o Sudaberi, Katarla, Tehsil Dhorimana, District Barmer.
(Presently Lodged In District Jail, Barmer)
----Petitioner
Versus
The State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. C.S. Rathore
For Respondent(s) : Mr. Ashok Upadhyay, P.P.
For Complainant(s) : Mr. M.L. Khatri
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order 18/02/2019 Heard learned counsel for the petitioner as well as learned Public Prosecutor assisted by learned counsel for the complainant and also perused the material on record.
The petitioner has been arrested in FIR No.112/2018 of Women Police Station, District Barmer for the offences punishable under Sections 363, 342, 376-D and 506 IPC and Section 4/25 of Arms Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that the prosecutrix is a major married lady and allegation of sexual assault against the petitioner is false. It is argued that as a matter of fact the prosecutrix stayed with the petitioner in a house in the intervening night of 10.09.2018 and 11.09.2019 and when the (2 of 2) [CRLMB-1700/2019] neighbours complained the police about the behavior of the petitioner and the prosecutrix, the police reached the spot and arrested the petitioner under Section 151 Cr.P.C. and sent the prosecutrix to her parents' house on the same day. It is argued that later on, after around 15 days from the date of incident, this false FIR has been lodged. It is also submitted that the medical examination report also does not corroborate the allegation of sexual assault. It is submitted that the charge-sheet has been filed.
Learned Public Prosecutor as well as learned counsel for the complainant have 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.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Bagat Giri S/o Shankar Girir shall be released on bail in connection with FIR No.112/2018 of Women Police Station, District Barmer provided he executes a personal bond in a 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 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 Abhishek Kumar S.No.21 Powered by TCPDF (www.tcpdf.org)