Ashok vs State Of Rajasthan

In the wake of second surge in the COVID-19 cases, the Court is functioning virtually and abundant caution is being maintained for the safety of all

concerned.

This Court perused the material available on record.

The petitioner has been arrested in connection with FIR No.99/2020 of Police Station Phalasiya, District Udaipur for the offence punishable under

Section 363 IPC. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner submits that there is a delay of 74 days in lodging the FIR. Learned counsel further submits that in the statement

under Section 161 Cr.P.C., the allegation of rape has been levelled against all the three accused, namely, Suresh, Dinesh and the present petitioner,

Ashok.

Learned Public Prosecutor though opposes the bail application, but is unable to refute the aforesaid factual matrix.

Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time

and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section

439 Cr.P.C.

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Ashok S/o Shri Laxman shall be released

on bail in connection with FIR No.99/2020 of Police Station Phalasiya, District Udaipur 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.