Bharat Kumar And Ors vs State

S.B. Criminal Miscellaneous Bail Application No. 626/2020 :

Learned counsel for the petitioner submits that he does not want to press the present bail application at this stage, however, seeks liberty to file fresh

bail application after recording the statement of the prosecutrix.

Accordingly, the bail application is dismissed as not pressed at this stage with liberty, as prayed for. Learned trial Court is directed to record the

statement of the prosecutrix at its earliest convenience.

S.B. Criminal Miscellaneous Bail Application No. 627/2020 :

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R.

No.131/2019, Police Station Siwana, District Barmer, for the offences under Sections 363, 366A, 384/120B IPC.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

It is submitted by learned counsel for the petitioner that even as per the statement of the prosecutrix recorded before this Court on 13/11/2019 in D.B.

Habeas Corpus Petition No. 163/2019 (Bhaga Ram vs. The State of Rajasthan & Ors.), the allegation of rape is only against Bharat Kumar. Charge

sheet in the matter has already been filed. Therefore, it is prayed that the petitioner may be enlarged on bail.

The learned Public Prosecutor opposes the bail.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail

application filed by the petitioner deserves to be accepted.

Consequently, the bail application is allowed. It is ordered that the accused-petitioner Mohan Lal S/o Sh. Sanwla Ram arrested in connection with

F.I.R. No. 131/2019, Police Station Siwana, District Barmer shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- (Rupees:

Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) each to the satisfaction of the 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.