Bagaram vs State Of Rajasthan

Madan Gopal Vyas, J

The petitioner has been arrested in connection with FIR No.147/2022 of Police Station Bagora, District Jalore for the offences punishable under Sections 365, 384, 342, 376, & 120-B IPC. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and no allegation is levelled against him. It is further submitted that the statement of prosecutrix was recorded under Section 164 Cr.P.C. in which she did not name the present petitioner. It is also submitted that the FIR was lodged after 7 days from the date of incident. The accused-petitioner is in judicial custody since long and the trial of the case will take long time. Therefore, it is prayed that the accused-petitioner may be enlarged on bail.

Learned Public Prosecutor has vehemently opposed the 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 bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Bagaram S/o Premaram shall be released on bail in connection with FIR No.147/2022 of Police Station Bagora, District Jalore 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.