High CourtsSingle Bench

Gourishankar vs State Of Rajasthan

Rajasthan High Court · Decided on 2 August 2022 · Citation: (2022) 08 RAJ CK 0004

HON’BLE JUDGES
Manoj Kumar Garg, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 354, 366, 376, 511 · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
S.B. Criminal Miscellaneous Bail Application No. 9399 Of 2022
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Judgment

6 paragraphs · 251 words

Manoj Kumar Garg, J

The petitioner has been arrested in connection with FIR No. 100/2022 of Police Station Molasar, for the offence punishable under Sections 366, 376/511 & 354 of IPC. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner submits that prosecutrix was a major lady and FIR has been lodged in this case after a considerable delay and this delay has not at all been explained by the prosecutrix. The accused-petitioner is behind the bars and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the 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 bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Gourishankar S/o Shri Chhotu Ram, shall be released on bail in connection with FIR No.100/2022 of Police Station Molasar 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.