Rajasthan High Court - Jodhpur
Jagmohan Singh vs State Of Rajasthan on 19 December, 2018
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 8839/2018
Jagmohan Singh S/o Sh. Raja Singh, Aged About 21 Years, B/c
Majbi Sikh , R/o 32, Kvd P.s. Khajuwala , Distt. Bikaner, Raj. (At
Present Lodged In Central Jail, Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. T.C. Sharma
For Respondent(s) : Mr. Ashok Upadhayay, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order 19/12/2018 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.10/2018 of Police Station GRP, Hanumangarh for the offences punishable under Sections 366, 376(1) and 342 IPC. 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 lady and her engagement was fixed with one Jora Singh, resident of Punjab on 16.4.2017. It is submitted that on account of some dispute between the families of Jora Singh and the prosecutrix, their marriage could not be solmenized, then, the prosecutrix has filed a complaint against Jora Singh, her mother, present petitioner and one another lady namely Janak wife of Kuldeep Singh (2 of 2) [CRLMB-8839/2018] alleging that Jora Singh and Jagmohan Singh had sexually assaulted her on various occasions. It is further submitted that as a matter of fact, the prosecutrix was in relation with petitioner - Jogmohan Singh prior to her engagement and when Jora Singh came of know about relation of the prosecutrix with the petitioner, he refused to marry her and, thus, this false complaint has been lodged by the prosecutrix. 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.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Jagmohan Singh S/o Sh. Raja Singh shall be released on bail in connection with FIR No.10/2018 of Police Station GRP, Hanumangarh 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 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 1-msrathore/-
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