HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc. Third Bail Application No. 16632/2021

Deeta @ Deetraj S/o Vala, Aged About 33 Years, B/c Banaya,

R/o Bada Nala Fala, Police Station Falasiya, District Udaipur.

(At Present Lodged In Central Jail Udaipur)

----Petitioner

Versus

The State Of Rajasthan through Public Prosecutor

----Respondent

For Petitioner(s)

:

Mr. Naresh Khatri (through VC)

for Mr. Deepak Menaria

For Respondent(s)

:

Mr. Mahipal Bishnoi, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

01/02/2022

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.75/2019 of Police

Station Phalasiya, District Udaipur for the offences punishable

under Sections 448, 366 and 376 IPC. He has preferred this third

bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that after

rejection of earlier bail application of the petitioner, the statements

of prosecutrix, her brother-in-law and others have been recorded

before the trial court. It is submitted that from the evidence of the

above witnesses, it is clear that the allegation of sexual assault

against the petitioner is absolutely false because earlier the

husband of the proseuctrix misbehaved with the wife of the

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[CRLMB-16632/2021]

petitioner and in relation to that an FIR was lodged in the year

2019, in which the husband of the prosecutrix was arrested and

later on, released on bail. Learned counsel for the petitioner has

submitted that from the evidence of the said prosecution witness,

it is clear that the younger brother of the petitioner is having

some land dispute with the husband of the prosecutrix. It is

further submitted that from the above facts and circumstances of

the case, it is clear that the petitioner has falsely been implicated

in this case.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case and taking into consideration the evidence of the

prosecution witnesses recorded so far, 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 third bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner - Deeta @

Deetraj S/o Vala shall be released on bail in connection with FIR

No.75/2019 of Police Station Phalasiya, District Udaipur 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.86