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Judgment
5 paragraphs · 251 wordsManoj 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 Falna, District Pali for the offences punishable under Sections 376(2)(N), 506 of IPC.
Counsel for the petitioner submits that prosecutrix is a major and she clearly mentioned in her statement as recorded under Section 164 Cr.P.C. that no one has committed rape with her. Challan of the case has been presented. The accused-petitioner is in judicial custody since 01.03.2023 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 has 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 Harish @ Hariya S/o Shri Babu Lal shall be released on bail in connection with FIR No. 41/2023, Police Station Falna, District Pali 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.