High CourtsSingle Bench

Jagdish vs State Of Rajasthan

Rajasthan High Court · Decided on 17 November 2022 · Citation: (2022) 11 RAJ CK 0081

HON’BLE JUDGES
Manoj Kumar Garg, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 323, 343, 376 · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
S.B. Criminal Miscellaneous Bail Application No. 11333 Of 2022
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Judgment

6 paragraphs · 273 words

Manoj Kumar Garg, J

The petitioner has been arrested in connection with FIR No. 132/2022 of Police Station Sayala, District Jalore for the offence punishable under Sections 343, 323 & 376 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 at the time of incident and resided with him for about two months; during this period she did not raise any hue and cry. Counsel further submits that if anything happened, it was with the consent of prosecutrix. Challan of the case has been presented and no investigation is pending. 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 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 Jagdish S/o Sh. Sankla Ram, shall be released on bail in connection with FIR No.132/2022 of Police Station Sayala, District Jalore 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.