Rajasthan High Court - Jodhpur
Dalu Ram vs State Of Rajasthan on 25 April, 2019
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 4666/2019
Dalu Ram S/o Sh. Bhoma Ram, Aged About 28 Years, B/c
Meghwal , R/o Pabu Beri , Kartiya , P.s. Sedwa, Distt. Barmer (At
Present Lodged At Barmer Jail)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. K.L. Vishnoi
For Respondent(s) : Mr. Gaurav Singh, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order 25/04/2019 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 connection with FIR No.36/2019 of Police Station Sedwa, District Barmer for the offences punishable under Sections 341, 323 and 376(2) I.P.C. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that brother of the petitioner, who happened to be the husband of prosecutrix, died around six years back, however, a dispute in relation to ancestral property is going on between family members of the petitioner and his brother, husband of the complainant. Learned counsel for the petitioner has submitted that on account of said enmity, the false FIR has been filed against the petitioner by the complainant alleging that the petitioner has been assaulting her (Downloaded on 28/06/2019 at 12:35:43 AM) (2 of 2) [CRLMB-4666/2019] sexually from last four years. Learned counsel for the petitioner has submitted that charge-sheet has been filed and trial of the case will 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 Sec.439 Cr.P.C. is allowed and it is directed that petitioner Dalu Ram S/o Shri Bhoma Ram shall be released on bail in connection with FIR No.36/2019 of Police Station Sedwa, 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 33-Babulal/-
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