Dhiraj vs State of Rajasthan - 2023 Supreme(Raj) 958

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 958

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Kuldeep Mathur, J.
Dhiraj – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 460 of 2023
Decided On : 24-01-2023

Advocates Appeared:
Ramesh Purohit, Advocate, S.K. Bhati, Advocate

Headnote:
Bail Application - Sexual Offences - The court granted bail to the accused petitioner in a case involving charges under Sections 376, 354, 458, and 323 IPC, considering the strained consensual relationship with the prosecutrix and the length of the trial.
Fact of the Case:

The petitioner filed a bail application under Section 439 Cr.P.C. in connection with FIR No.920/2022, registered for offences under Sections 376, 354, 458, and 323 IPC. The prosecutrix admitted to a consensual relationship with the petitioner, which turned strained, leading to the filing of the FIR.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, granted bail to the petitioner, considering the length of the trial and the strained consensual relationship with the prosecutrix.
Issues: Bail application under Section 439 Cr.P.C. for offences under Sections 376, 354, 458, and 323 IPC.
Ratio Decidendi: The court considered the strained consensual relationship and the length of the trial as grounds for granting bail to the accused petitioner.
Final Decision: The bail application of the accused petitioner was allowed, and he was ordered to be enlarged on bail upon furnishing a personal bond and sureties to the satisfaction of the trial court.

JUDGMENT

Kuldeep Mathur, J. - The application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.920/2022, registered at Police Station Pratapnagar, District Udaipur for offences punishable under Sections 376, 354, 458 and 323 IPC.

2. Heard learned counsel for the petitioner so also the learned Public Prosecutor and perused the material available on record.

3. Learned counsel for the petitioner submitted that the prosecutrix has admitted that she had consensual relation with the petitioner since last more than three years. Learned counsel further submitted that the relations turned strained, the prosecutrix lodged the present FIR against the petitioner on the ground of sexual relations established on false pretext of marriage. Learned counsel further submitted that the challan has already been filed. The petitioner is in judicial custody and the trial of the case will take sufficiently long time to conclude, therefore, the benefit of bail may be granted to the accused petitioner.

4. On the contrary, learned Public Prosecutor has opposed the bail application of the accused-petitioner.

5. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

6. Consequently, the bail application is allowed. It is ordered that the accused-petitioner Dhiraj S/o Shri Lakshmi Lal arrested in connection with FIR No.920/2022, registered at Police Station Pratapnagar, District Udaipur shall be enlarged on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so, till completion of the trial.

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