Durgesh Lal @ Durga Lal vs State Of Rajasthan

Manoj Kumar Garg, J

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.41/2023, Police Station Jhadole, Distt. Udaipur for the offence under Section 376 of IPC.

Learned counsel for the petitioner submits that earlier, a Missing Person Report was registered by the police, in which the prosecutrix stated that she went from her matrimonial house out of her own free will and nobody was responsible for the said action. After about 5 days, the present FIR has been lodged against the petitioher, however, she admitted that she resided with the petitioner for about 3 days. It is contended that the prosecutrix is major. Challan of the case has already been presented and no investigation is pending. The petitioner is in judicial custody and the trial of the case will take sufficient longtime. Therefore, the benefit of bail may be granted to the accused-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.

Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Durgesh Lal @ Durga Lal S/o Veeraji shall be enlarged on bail in FIR No.41/2023, Police Station Jhadole, Distt. Udaipur for the offence under Section 376 of IPC provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.