Mahendra vs State Of Rajasthan

In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts.

This Court perused the material available on record.

The petitioner has been arrested in connection with FIR No. 82/2020 of Mahilal Thana, District Nagaur for the offences punishable under Section 450

and 376(2)(Dh) of IPC. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has drawn attention of this Court towards the statement rendered by the prosecutrix under Section 164 of Cr.P.C.

and also shown certain photographs, which has been submitted before the Court.

Learned counsel for the petitioner further submits that charge-sheet has already been filed. The age of the prosecutrix is 30 years.

Learned Public Prosecutor opposes the bail application.

This Court, on reading of the statement rendered by the prosecutrix under Section 164 of Cr.P.C., finds that the prosecutrix is alleging the continuous

of offence for about four months and the age of the prosecutrix is 30 years whereas the petitioner is 21 years old boy. The photographs and statement

of the prosecutrix do not induce the confidence of this Court to continue the custody of the present accused petitioner at this stage.

Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time

and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section

439 Cr.P.C.

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Mahendra S/o Sh. Dhanna Ram shall be

released on bail in connection with FIR No. 82/2020 of Mahilal Thana, District Nagaur provided he executes a personal bond in a sum of Rs.50,000/-

with two sound and solvent sureties of Rs.25,000/- 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.