Rajasthan High Court - Jaipur
Naresh Kumar@Neeru S/O Shri Ramnarayan ... vs State Of Rajasthan on 26 April, 2019
Author: Inderjeet Singh
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 4996/2019
Naresh Kumar@neeru S/o Shri Ramnarayan @ Lilyaram, Aged
About 22 Years, By Caste Raigar, R/o New Colony, Ward No. 09,
Baswa, Police Station Baswa, District Dausa (Raj.) (At Present
Confined In District Jail, Dausa)
----Petitioner
Versus
State Of Rajasthan, Through Its Public Prosecutor.
----Respondent For Petitioner(s) : Mr. Anshuman Saxena For Respondent(s) : Mr. Deshraj Gosingha, PP HON'BLE MR. JUSTICE INDERJEET SINGH Order 26/04/2019
1. The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 164/2018 Registered at Police Station Baswa, District Dausa for the offence(s) under Sections 323 and 341 of IPC.
2. Counsel for the petitioner submits that the petitioner has been falsely implicated in this matter. Counsel further submits that initially on 24.08.2018 the complainant lodged FIR against the petitioner and his father of causing injuries to the complainant and his brother. Counsel further submits that the incident is alleged to have happened on 23.08.2018. Counsel further submits that the statement of complainant Papuram was recorded under Section 161 Cr.P.C. on 25.08.2018. Counsel further submits that three days thereafter on 27.08.2018 the complainant has again filed a (Downloaded on 28/06/2019 at 02:19:55 AM) (2 of 2) [CRLMB-4996/2019] complaint against the petitioner stating therein that the petitioner has committed rape on his minor daughter Anjali about one year back and also on 23.08.2018. Counsel further submits that the said complaint was filed by the complainant just to implicate the petitioner in this serious offence. Counsel further submits that according to the medical report of the prosecutrix no single injury has been found on the body of the prosecutrix. Counsel further submits that challan has already been presented in the court and the trial may take long time.
3. Learned Public Prosecutor has opposed the bail application.
4. Considering the contentions put-forth by the counsel for the petitioner and taking into account the facts and circumstances of the case and without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioner on bail.
5. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Naresh Kumar@neeru S/o Shri Ramnarayan @ Lilyaram shall be enlarged on bail 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.
(INDERJEET SINGH),J Jatin /60 (Downloaded on 28/06/2019 at 02:19:55 AM) Powered by TCPDF (www.tcpdf.org)