Rajasthan High Court - Jodhpur
Brijlal vs State Of Rajasthan on 20 July, 2019
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 8472/2019
Brijlal S/o Khyaliram, Aged About 24 Years, B/c Jat, R/o
Bakhusar, Teh. Loonkaransar, District Bikaner (Raj.) (Presently
Lodged In Central Jail, Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vineet Jain
For Respondent(s) : Mr. Sharvan Bishnoi, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order 20/07/2019 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.47/2019 of Police Station Mahajan, District Bikaner for the offences punishable under Sections 376, 506 and 458 of I.P.C. and Section 66E of the Information and Technology Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that allegations of sexual assault levelled against the petitioner are false. It is argued that as a matter of fact, the petitioner and prosecutrix were in relation for quite some time and on 19.3.2019, the prosecutrix left her house and went with the petitioner in the night, however, the police personnel of Police Station, Loonkaransar apprehended them on the road and brought them to (Downloaded on 01/09/2019 at 11:14:34 PM) (2 of 2) [CRLMB-8472/2019] the police station. Thereafter, the petitioner was detained under Section 151 Cr.P.C., however, the family members of the prosecutrix were called and she went with them. It is submitted that now after around more than 2 and half months, the prosecutrix has lodged this false FIR against the petitioner under the pressure of her family members. It is submitted that the prosecutrix is major and married lady and her relation with the petitioner was consensual.
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 Brijlal S/o IKhyaliram shall be released on bail in connection with FIR No.47/2019 of Police Station Mahajan, District Bikaner 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 71-Babulal/-
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