High CourtsSingle Bench

Bhanwar Lal vs State Of Rajasthan

Rajasthan High Court · Decided on 29 September 2022 · Citation: (2022) 09 RAJ CK 0079

HON’BLE JUDGES
Manoj Kumar Garg, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 376
RESULT
Dismissed
CASE NUMBER
S.B. Criminal Miscellaneous 3rd Bail Application No. 11940 Of 2022
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Judgment

8 paragraphs · 186 words

Manoj Kumar Garg, J

The present third bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.99/2021, Police Station Nai, District Udaipur registered for the offence punishable under Section 376 of the Indian Penal Code.

The second bail application was dismissed on merit by this Court vide order dated 24.05.2022.

Learned counsel for the petitioner submits that now the Investigating Officer has been examined before the trial court as PW.8 and there are material contradictions, improvements and omissions in his statement. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the petitioner.

Learned Public Prosecutor has opposed the bail application.

I have considered the arguments advanced before me and gone through the material available on record.

According to the statement of the prosecutrix, a specific allegation has been levelled against the accused-petitioner, therefore, no case is made out for grant of bail to the petitioner.

Hence, the instant third bail application is hereby dismissed.