Rajasthan High Court - Jodhpur
Pukhraj vs State on 25 November, 2021
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 14357/2021
Pukhraj S/o Mohan Ram, Aged About 25 Years, B/c Jat, R/o Newra
Road, P.s. Mathaniya, Jodhpur. (At Present Lodged In Central Jail
Jodhpur)
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. V.D. Gaur
For Respondent(s) : Mr. Anees Bhurat, PP
Mr. Budha Ram Choudhary, for
complainant
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order 25/11/2021 The petitioner has been arrested in connection with FIR No.110/2021 of Police Station Mathaniya, District Jodhpur, for the offence punishable under Sections 363, 366 and 366-A of IPC. He has preferred this bail application under Section 439 Cr.P.C.
Counsel for the petitioner submits that as per the statement of prosecutrix, she went with the petitioner on her own will. The prosecutrix further stated that she herself solemnized marriage with the petitioner and resided with the petitioner for sometime as husband and wife. Counsel further submits that the challan of the case has already been presented in this case. The accused- petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor as well as counsel for the complainant vehemently opposed the bail application. Counsel for the complainant has placed reliance on an order of Hon'ble (Downloaded on 25/11/2021 at 08:55:41 PM) (2 of 2) [CRLMB-14357/2021] Supreme Court in the case of Devaram Vs. State of Rajasthan passed on 08.10.2021.
Having regard to the totality of the facts and circumstances of the case and the fact that in the statement recorded under Section 164 Cr.P.C. the prosecutrix has clearly mentioned that she went with the petitioner on her own will and solimnized marriage with the petitioner and that the challan has already been presented, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. So far as the case of Devaram (Supra) relied upon by the counsel for the complainant is concerned in the said case, the FIR was lodged for offence under Section 376(2)(N) IPC alongwith other offences, whereas in the present case FIR has been lodged for offence under Sections 363, 366 and 366-A of IPC. Thus, the facts of the present case are clearly distinguishable from the case of Devaram (Supra) Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Pukhraj S/o Mohan Ram, shall be released on bail in connection with FIR No.110/2021 of Police Station Mathaniya, District Jodhpur provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent surety of Rs.50,000/- 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.
(MANOJ KUMAR GARG),J 13-Ishan/-
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