Kapil vs State Of Rajasthan

Manoj Kumar Garg, J

The petitioner has been arrested in connection with F.I.R. No.440/2021, Police Station Sukher (Udaipur), for the offences punishable under Sections 376 & 384 of I.P.C. and Section 67 of I.T. Act. He has preferred this second bail application under Section 439 Cr.P.C.

The first bail application was dismissed by this Court vide order dated 08.12.2021 as not pressed with liberty to file a fresh bail application after recording the statement of the prosecutrix.

Learned counsel for the petitioner submits that now the prosecutrix has been examined in the trial court as P.W.-1 and she has turned hostile. Counsel further submits that no other connecting evidence has been found against the petitioner. 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 and gone through the material available on record, without expressing any opinion on the merits of the case, so also the fact that the prosecutrix has turned hostile, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, the second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Kapil S/o Shri Kamala Shankar shall be released on bail in connection with F.I.R. No.440/2021, Police Station Sukher (Udaipur) provided he executes a personal bond in a sum of Rs.1,00,000/- and 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.