HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 4829/2019

Ramesh S/o Seva Lal, Aged About 27 Years, B/c Kharadi, R/o

Bhutia Dungri Nawagaon, Police Station Sadar, Banswara,

District Banswara

(At Present Lodged In District Jail Banswara)

----Petitioner

Versus

The State Of Rajasthan

----Respondent

For Petitioner(s)

:

Mr. Rakesh Matoria

For Respondent(s)

:

Mr. Vikram Sharma, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

01/05/2019

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 FIR No.6/2019 of Women

Police Station, District Banswara for the offence punishable under

Section 376 IPC. He has preferred this bail application under

Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that there

is delay of around one month in filing the complaint against the

petitioner. Learned counsel for the petitioner has submitted that

the allegation of sexual assault against the petitioner is false. It is

argued that the allegation of sexual assault has also not been

corroborated by the medical evidence. It is submitted that the

prosecutrix is major and filed false FIR against the petitioner due

(2 of 2)

[CRLMB-4829/2019]

to enmity. It is also submitted that the charge-sheet has been

filed and the trial of the case will take time.

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 Section 439

Cr.P.C. is allowed and it is directed that petitioner - Ramesh S/o

Seva Lal shall be released on bail in connection with FIR

No.6/2019 of Women Police Station, District Banswara 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

Abhishek Kumar

S.No.59