Bagda Ram S/o Sh. Dhanna Ramji @APPELLANT@Hash State of Rajasthan

Accused-petitioner has laid this second bail application under Section 439 Cr.P.C. arising out of FIR No.90/2017, registered at Police Station

Sanderao, District Pali for offence punishable under Sections 376 & 506 IPC. Police after investigation submitted charge-sheet in the matter for the

aforesaid offences against the petitioner and subsequently case was committed to the Court of Sessions. At present, trial in Sessions Case No.20/2017

is under progress before Additional Sessions Judge, Sumerpur, District Pali.

On behalf of petitioner, first bail application bearing No.9780/2017 was filed, which was dismissed on 09.11.2017 as not pressed with liberty to apply

afresh after recording of statements of prosecutrix.

Arguing on this second bail application, it is submitted by learned counsel, Mr. Shah, that during trial statements of prosecutrix have now been

recorded. It is also submitted by learned counsel that a cumulative reading of the statements of prosecutrix make it abundantly clear that she has not

been able to explain delay of two and half months in lodging FIR in the matter. It is also argued by learned counsel that some of the statements of the

prosecutrix are incongruous, and therefore, not inspiring confidence. It is also argued by learned counsel that petitioner is in custody since 18.08.2017

and so far only one witness is examined in trial, and therefore, completion of trial is not in offing is yet another significant fact for favourable

consideration of the bail plea of petitioner.

Mr. K.V. Vyas, learned Public Prosecutor, and Mr. Farzand Ali, learned counsel for the complainant, have vehemently opposed the second bail

application of petitioner.

I have bestowed my consideration to the arguments advanced at Bar and also taken into consideration substantial change in the circumstances, which

are forthcoming after recording statements of prosecutrix.

Having regard to the facts and circumstances of the case, while refraining to make any comment on merits, I feel persuaded to accept this second bail

application.

Accordingly, this second bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner, Bagda Ram S/o Sh. Dhanna

Ramji, arrested in connection with F.I.R. No.90/2017 of Police Station Sanderao, District Pali, may be released on bail; provided he furnishes a

personal bond of Rs.50,000/- with two sureties of like amount to the satisfaction of learned trial Court with the stipulation to appear before that Court

on all dates of hearing and as and when called upon to do so.