High CourtsSingle Bench(2020) 04 RAJ CK 0045

Anil Natani vs State Of Rajasthan, Through Pp

Rajasthan High Court · Decided on 22 April 2020

HON’BLE JUDGES
Ashok Kumar Gaur, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 4117 Of 2020

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Judgment

20 paragraphs · 328 words

Heard learned counsel for the accused-petitioner as well as learned Public Prosecutor through video conferencing.

Defects stand overruled.

Learned counsel for accused-petitioner submitted that the accused-petitioner has been falsely implicated in the case.

Learned counsel further submitted that the prosecutrix is, in fact, lodging false cases against different persons by levelling allegation of rape.

Learned counsel has drawn attention of this Court towards an FIR registered at Police Station Railway Colony, Kota City bearing No.509/2019 lodged

against one Dwarka Prasad.

Learned counsel further submitted that after investigation in the FIR lodged against Dwarka Prasad, the Police filed final report and no offence was

found to be committed.

Learned counsel further submitted that when the final report against Dwarka Prasad was filed in the Court, the prosecutrix herself submitted an

application stating therein that she has no objection, if the final report is accepted.

Learned counsel submitted that the prosecutrix is misusing her position while levelling reckless allegations against different persons.

Learned counsel submitted that the accused-petitioner is in custody since 31st December, 2019 and the police, after investigation, has filed charge

sheet.  Â

Learned counsel submitted that the accused-petitioners is not required for any investigation purpose now.

Learned Public Prosecutor has opposed the bail application.

Considering the contention raised by learned counsel for the accused-petitioner as well as taking into account the facts and circumstances of the case

and without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the accused-petitioner on bail.

Accordingly, the present bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Anil Natani S/o Banwari

Lal Natani shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.20,000/- with one surety of alike amount to the satisfaction

of learned trial Judge for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so.