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Judgment
7 paragraphs · 356 wordsManoj Kumar Garg, J
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.218/2021, Police Station Bhopalgarh, District Jodhpur, for the offences punishable under Section 376 of IPC.
The first bail was dismissed vide order dated 26.04.2022 by this Court as not pressed with liberty to file afresh after filing of the challan.
Counsel for the petitioner submits that similarly situated co-accused Naresh has already been enlarged on bail by this Court and the case of the present petitioner is similar to that of co-accused. Counsel further submits that firstly a missing person report was drawn in which the prosecutrix was recovered and she gave statement before the Police that she went with the co-accused Naresh at her own free will. But later on after considerable delay the prosecutrix filed the FIR against the present petitioner and co-accused and this delay has not at all been explained by the prosecutrix. Challan of the case has already been presented. The accused-petitioner is in judicial custody 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 vehemently opposed the bail application.
Having regard to the totality of the facts and circumstances of the case, that similarly situated co-accused Naresh has already been enlarged on bail by this Court and the case of the present petitioner is similar to that of co-accused, therefore, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, the second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Ashok S/o Sh. Choga Ram, shall be released on bail in connection with FIR No.218/2021, Police Station Bhopalgarh, District Jodhpur 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.