High CourtsSingle Bench

Jaybhagwan vs State Of Rajasthan

Rajasthan High Court · Decided on 27 July 2020 · Citation: (2020) 07 RAJ CK 0064

HON’BLE JUDGES
Pankaj Bhandari, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 164, 439 · Indian Penal Code, 1860 — Section 376D, 506
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 5550, 5648 Of 2020
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Judgment

15 paragraphs · 265 words
1.

Defect pointed out in Criminal Miscellaneous Bail Application No. 5648/2020 is waived.

2.

Petitioners have filed these bail applications under Section 439 of Cr.P.C.

3.

F.I.R. No.696/2019 was registered at Police Station Neemrana, District Alwar for offence under Sections 376-D & 506 of I.P.C.

4.

It is contended by counsel for the petitioners that prosecutrix is thirty years' old lady having children. Co-accused Mukesh has been been enlarged

on bail. Charge-sheet has been filed. Conclusion of trial will take time. The story as narrated by the prosecutrix does not inspire the confidence.

5.

Learned Public Prosecutor and counsel for the complainant have opposed the bail application. It is contended that prosecutrix in her statement

recorded under Section 164 of Cr.P.C. has levelled allegation with regard to rape.

6.

I have considered the contentions.

7.

Considering the contentions put forth by counsel for the petitioners and without commenting on merits of the case, I deem it proper to allow these

bail applications.

8.

These bail applications are accordingly allowed and it is directed that accused petitioners shall be released on bail provided each of them furnish 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 learned trial court with the stipulation that they shall appear before that Court and any court to which the matter is

transferred, on all subsequent dates of hearing and as and when called upon to do so.

9.

A copy of this order be placed in connected file