Bheema Ram @ Arjun vs State Of Rajasthan

Manoj Kumar Garg, J

The present second 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.114/2023 registered at Police Station Takhatgarh, District Pali registered for the offence punishable under Sections 376, 458 and 342 of the Indian Penal Code.

The first bail application was dismissed by this Court vide order dated 11.09.2023 with liberty to file afresh after recording the statement of prosecutrix.

Learned counsel for the petitioner submits that now prosecutrix has been examined before the trial Court as PW.1 and there are material contradictions, improvements and omissions in her statement. The petitioner is in judicial custody since 04.06.2023 and the trial of the case will take sufficiently long time. With these submissions, it is prayed that the benefit of bail may be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the prayer of bail.

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

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 second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Bheema Ram @ Arjun S/o Babulal shall be released on bail in connection with F.I.R. No.114/2023 registered at Police Station Takhatgarh, District Pali provided he executes a personal bond in a sum of Rs.1,00,000/- with two 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.