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Babu Lal Vs. State - Court Judgment

LegalCrystal Citation
CourtRajasthan Jodhpur High Court
Decided On
AppellantBabu Lal
RespondentState
Excerpt:
.....mr.jitendra ojha, for the applicant. mr.vikram rajpurohit, public prosecutor. this criminal misc. bail application under section 439 cr.p.c.has been filed by the applicant being aggrieved by the order dated 15.10.2014 passed by sessions judge, dungarpur in criminal misc. case no.524/2014 arising out of fir no.163/2014 dated 21.08.2014 of police station, sadar, district dungarpur for the offence punishable under sections 341, 323, 354-b and 376/511 ipc. learned counsel for the applicant has submitted that on account of previous enmity, the petitioner has falsely been implicated by the complainant. it is also contended by learned counsel for the applicant that a cross case has been filed by the petitioner wherein the police has filed charge-sheet against the complainant for the offence.....
Judgment:

1 S.B.CRIMINAL MISC.

BAIL APPLICATION NO.9586/2014 Babu Lal V/S State of Rajasthan Dated of order : 08.12.2014 HON'BLE Mr.JUSTICE VIJAY BISHNOI Mr.Jitendra Ojha, for the applicant.

Mr.Vikram Rajpurohit, Public Prosecutor.

This Criminal Misc.

Bail Application under Section 439 Cr.P.C.has been filed by the applicant being aggrieved by the order dated 15.10.2014 passed by Sessions Judge, Dungarpur in Criminal Misc.

Case No.524/2014 arising out of FIR No.163/2014 dated 21.08.2014 of Police Station, Sadar, District Dungarpur for the offence punishable under Sections 341, 323, 354-B and 376/511 IPC.

Learned counsel for the applicant has submitted that on account of previous enmity, the petitioner has falsely been implicated by the complainant.

It is also contended by learned counsel for the applicant that a cross case has been filed by the petitioner wherein the police has filed charge-sheet against the complainant for the offence punishable under Section 354 IPC.

Learned counsel for the applicant has also submitted that the petitioner is in judicial 2 custody since 09.10.2014.

Learned Public Prosecutor has opposed the Bail Application filed by the applicant.

Heard learned counsel for the applicant and the learned Public Prosecutor and also perused the material available on record.

The FIR No.163/2014 dated 21.08.2014 of Police Station, Sadar, District Dungarpur was registered inter alia against the applicant for the offence punishable under Sections 341, 323, 354-B and 376/511 IPC.

Having regard to the nature of accusation and taking into consideration 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 enlarge the accused applicant-Babu Lal S/o Dhula Koted on bail.

Accordingly, this bail application filed under Section 439 Cr.P.C.is allowed and it is directed that applicant-Babu Lal S/o Dhula Koted shall be released on bail in connection with FIR No.163/2014 dated 21.08.2014 of Police Station, Sadar, District Dungarpur provided he executes a personal bond in a sum of Rs.20,000/- with two sound and solvent sureties of Rs.10,000/- each to 3 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 31


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