Rajasthan High Court - Jodhpur
Dinesh vs State Of Rajasthan (2023/Rjjd/010602) on 18 April, 2023
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2023/RJJD/010602]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1934/2023
Dinesh S/o Sh. Likhmaram, Aged About 26 Years, Gadda Ki
Dhani, Inana, P.s. Mundwa, Dist. Nagaur. (At Present Lodged In
Dist. Jail, Nagaur).
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Damodar Nayak S/o Sh. Pyarelal Nayak, Inana, Teh.
Mundwa, Dist. Nagaur.
----Respondents
For Petitioner : Mr.O.P.Sangwa.
For Respondent-State : Mr.Shiv Kumar Bhati, P.P.
For Complainant : Mr.Raghvendra Mundel.
HON'BLE MR. JUSTICE KULDEEP MATHUR
ORDER
18/04/2023 This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.14/2023 registered at Police Station Mundwa, District Nagaur, for offences under Section 363 IPC and Sections 11/12 of POCSO Act.
Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record.
Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel to substantiate his arguments invited attention of the Court to the statement of the prosecutrix recorded under Section 164 Cr.P.C. wherein, she categorically stated that she went with the petitioner on his motorcycle to Nagaur and thereafter, they went to Mumbai in a sleeper bus. She also stated that she has known the present petitioner Dinesh from last 6 months and she (Downloaded on 18/04/2023 at 10:44:50 PM) [2023/RJJD/010602] (2 of 2) [CRLMB-1934/2023] travelled with the present petitioner of her own will and volition. Learned counsel vehemently submitted that the prosecutrix in her statement has categorically denied allegations of sexual assault being committed upon her by the present petitioner. Learned counsel thus implored the Court to accept this application for bail and enlarge the petitioner.
Per contra, learned Public Prosecutor as well as learned counsel for the complainant vehemently opposed the bail application.
Heard. Considering the arguments advanced by the counsel for the parties and looking to the possibility that the trial may take long time to conclude, this Court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner-Dinesh S/o Sh. Likhmaram shall be enlarged on bail in connection with FIR No.14/2023 registered at Police Station Mundwa, District Nagaur, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(KULDEEP MATHUR),J /tarun goyal/ Sr.No.49 (Downloaded on 18/04/2023 at 10:44:50 PM) Powered by TCPDF (www.tcpdf.org)