Rajasthan High Court - Jaipur
Naresh Kumar S/O Shri Chhitar Lal vs State Of Rajasthan on 3 September, 2020
Author: Pankaj Bhandari
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 8139/2020
Naresh Kumar S/o Shri Chhitar Lal, Aged About 25 Years, R/o
Dabeta, Police Station Dablana, Distt. Bundi,(Raj.) (Presently
Confined In Jail, Bundi)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Neeraj Joshi through VC For State : Mr. Mangal Singh Saini, PP For Complainant(s) : Mr. Vishnu Shankar for Ms. Sumati Bishnoi through VC HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 03/09/2020
1. Heard counsel for the petitioner and counsel for the complainant through video conferencing.
2. Learned Public Prosecutor is present in person in the Court.
3. Petitioner has filed this bail application under Section 439 of Cr.P.C.
4. F.I.R. No. 170/2020 was registered at Police Station Dablana, District Bundi, for offence under Section 376 of I.P.C.
5. It is contended by counsel for the petitioner that prosecutrix is a married lady aged 25 years. There is delay of three months in lodging of FIR.
6. Learned Public Prosecutor and counsel for the complainant (Downloaded on 04/09/2020 at 09:01:54 PM) (2 of 2) [CRLMB-8139/2020] have opposed the bail application. It is contended that prosecutrix and petitioner were having relationship of brother and sister. Petitioner has breached that relationship and had forceful sexual intercourse with the prosecutrix.
7. I have considered the contentions.
8. Considering the contentions put forth by counsel for the petitioner, I deem it proper to allow the bail application.
9. This bail application is accordingly allowed and it is directed that accused petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
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