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2019 DIGILAW 393 (RAJ)

Hiralal v. State of Rajasthan, Through PP

2019-02-04

VIJAY BISHNOI

body2019
JUDGMENT 1. Heard learned counsel for the parties and also perused the material on record. 2. The petitioner has been arrested in FIR No. 517/2018 of Police Station Subhash Nagar, District Bhilwara for the offences punishable under Sections 354, 376 IPC. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is argued that as a matter of fact the petitioner is about 61 years old, he is a retired employee from the BSNL and his daughter-in-law lodged false FIR against him alleging that the he committed rape upon her on 30.11.2018. It is submitted that it is impossible that in the presence of his son and wife, the petitioner could commit rape upon the complainant. Learned counsel has also submitted that the allegation of sexual assault has falsely been levelled against the petitioner because the complainant wants to extort money from him which he received after his retirement. It is submitted that the petitioner is in judicial custody and he is not required for further investigation and no recovery is yet to be made from him. 4. Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application. It is argued that the petitioner committed heinous crime of sexual assault upon his daughter-in-law and therefore, he is not entitled to be released on bail. 5. Having regard to the totality of the facts and circumstances of the case, after going through the case diary in which police have so far come to the conclusion that the complainant has alleged that son and wife of the petitioner are also equal responsible for commission of crime but police found that son and wife of the petitioner are not involved in the commission of crime and the statements of the neighbours have also recorded by the police, where they have refuted the allegation levelled by the complainant, 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. 6. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Hiralal S/o Sh. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Hiralal S/o Sh. Udai Lal Suthar shall be released on bail in connection with FIR No. 517/2018 of Police Station Subhash Nagar, District Bhilwara 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.