AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
7 paragraphs · 337 wordsManoj Kumar Garg, J
The petitioner has been arrested in connection with FIR No.87/2023 of Police Station Ghatol, Dist Banswara for the offence punishable under Sections 384, 376 & 306 of IPC. He has preferred this second bail application under Section 439 Cr.P.C.
The first bail application was dismissed as not pressed on 20.10.2023 and the second bail application was dismissed as not pressed with liberty to file a fresh after recording the statement of Smt Mamta (mother of deceased) before the trial court.
Counsel for the petitioner submits that the statement of Smt. Mamta (mother of deceased) has been recorded before the trial court as PW-5. Counsel further submits that statement of father of the deceased has been recorded before the trial court as PW-2 and statement of maternal uncle of the deceased has been recorded before the trial court as PW-6 and both the witnesses have been declared hostile and mother of the deceased (PW-5) did not say anything against the present petitioner. The accused-petitioner is inside jail since 04.06.2023 and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the third bail application.
Having regard to 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 grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, the third bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Anil S/o Shri Man Shankar shall be released on bail in connection with FIR No.87/2023 of Police Station Ghatol, Dist Banswara provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- 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.