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Judgment
7 paragraphs · 251 wordsManoj Kumar Garg, J
The petitioner has been arrested in connection with FIR No.43/2022 of Police Station Patan, District Banswara for the offence punishable under Sections 363, 366, 344, 376(2)(N), 376(3) IPC. He has preferred this second bail application under Section 439 Cr.P.C.
The first bail application was dismissed as not pressed on 22.07.2022 with liberty to file afresh after recording the statement of the prosecutrix.
Counsel for the petitioner submits that till date, the prosecutrix did not appear before the trial court for her evidence and the petitioner is inside the jail since 22.02.2022 and the trial is yet pending. Therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor has vehemently opposed the second 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 second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Dinesh S/o Ramsingh shall be released on bail in connection with FIR No.43/2022 of Police Station Patan, District Banswara 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.