Aasif Solank vs State Of Rajasthan

Manoj Kumar Garg, J

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No.249/2022, Police Station Mandore, District Jodhpur for the offence punishable under Sections 354D, 386 and 376(2)(n) of the IPC.

Learned counsel for the petitioner submits that the prosecutrix was a major and if anything happened, that was with the consent of the prosecutrix. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the prayer for bail. Counsel for the complainant submits that as many as nine other criminal cases are registered against the accused-petitioner, therefore, bail may not be granted to the accused-petitioner.

I have considered the arguments advanced before me and gone through the material available on record.

Taking into account the facts and circumstances of the case and particularly looking to the statement of prosecutrix, therefore, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner, Aasif Solanki S/o Shri Chhotu Khan, shall be enlarged on bail in F.I.R. No.249/2022, Police Station Mandore, District Jodhpur provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- 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.