Rajasthan High Court - Jodhpur
Kalu @ Harjindra Singh vs State on 25 January, 2019
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 1040/2019
Kalu @ Harjindra Singh S/o Karamjeet Singh, Aged About 20
Years, By Caste Majvi, Resident Of 4 Md, New Mandi, Gharsana
District Sri Ganganagar. (At Present Lodged In Central Jail, Sri
Ganganagar)
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Rakesh Matoria
For Respondent(s) : Mr. Ashok Upadhayay, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order 25/01/2019 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.151/2018 of Police Station Mandi, Gharsana, Distt. Sri Ganganagar for the offences punishable under Sections 450, 376(2)(N) IPC. 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 had sexually assaulted the prosecutrix while promising her for marriage. It is submitted that as a matter of fact, the prosecutrix was 25 years of age at the time of incident and whatever were the relations between them, the same were consensual. It is further argued that now husband of the (2 of 2) [CRLMB-1040/2019] prosecutrix has been examined before the trial court as PW-2 and he has not supported the prosecution story and turned hostile. It is also submitted that since during the course of trial, the prosecutrix died, her statement before the trial cannot be recorded now. Learned counsel for the petitioner has further submitted that though in the FIR, the allegation of sexual assault was levelled against four persons whereas, charge-sheet has been filed against the petitioner only.
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.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Kalu @ Harjindra Singh S/o Karamjeet Singh shall be released on bail in connection with FIR No.151/2018 of Police Station Mandi, Gharsana, Distt. Sri Ganganagar 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 24-msrathore/-
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