Jagdish vs State Of Rajasthan

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.228/2020 registered

at Police Station Halena, District Bharatpur for the offence(s) under Section(s) 354, 379 & 506 of I.P.C. and later on for the offence under Section

354 of I.P.C.

It is contended by the learned counsel for the petitioner that the investigating agency has, after investigation, filed charge- sheet under Section 354

I.P.C. only. He submitted that even the prosecutrix has given conflicting version as to the manner in which she was subjected to harassment in her

statements recorded under Section 161 Cr.P.C, 164 Cr.P.C. and supplementary statement recorded under Section 164 Cr.P.C. Learned counsel for

the petitioner submitted that the petitioner is in custody since 23.11.2020, charge-sheet has been filed, trial of the case will take time, he has no

criminal antecedents and prayed for his release on bail.

Learned Public Prosecutor has opposed the bail application. Taking into consideration the submissions advanced by learned counsel for the petitioner,

the nature of allegations against him, his length of custody, filing of the charge-sheet, absence of criminal antecedents and the material available in the

charge-sheet; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail.

Accordingly, the bail application is allowed and it is directed that accused-petitioner Jagdish S/o Soran Singh shall be released on bail under Section

439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of

Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of

the trial Court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.