HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 7226/2022

Naresh Meghwal S/o Shri Gangaram, Aged About 26 Years, R/o

Village Mandaniya P.s. Kaithun Tahsil Ladpura District Kota At

Present Tanent House Of Prabhulal Bairwa Prem Nagar P.s.

Udhyog Nagar, Kota City, Raj ( At Present Confined At Central Jail

Kota)

----Petitioner

Versus

State Of Rajasthan, Through Pp.

----Respondent

For Petitioner(s)

:

Mr. A.K. Khan.

For Respondent(s)

:

Mr. Laxman Meena, PP.

HON'BLE MR. JUSTICE FARJAND ALI

Order

16/05/2022

1.

The instant bail application has been filed under Section 439

Cr.P.C. on behalf of accused-petitioner Naresh Meghwal S/o Shri

Gangaram. The petitioner has been arrested in connection with

FIR No.643/2019 registered at Police Station Kunhari, Kota for the

offence(s) under Sections 363 IPC.

2.

Learned counsel for the petitioner submits that a false case

has been foisted against the petitioner. He has nothing to do with

the alleged offence, and no useful purpose would be served by

keeping him behind the bars. He further submits that prosecutrix

lodged complaint against her parents wherein allegations of

harassment and beating was levelled against them. Earlier also, a

case of similar allegations were levelled against him in which he

was arrested and charge-sheeted. The petitioner had to face rigor

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[CRLMB-7226/2022]

of trial, however, when the prosecutrix was examined during the

trial, she turned hostile and the petitioner has been acquitted from

the Special Judge, POCSO Act No.4, Kota and now a fresh FIR has

been lodged for the same allegations.

3.

Per contra, learned Public Prosecutor opposed the bail

application.

4.

Considering the arguments advanced by the counsel for the

parties and looking to the possibility that the trial may take long

time to conclude, 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, named

above, 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.

(FARJAND ALI),J

PREETI VALECHA /83