Manish vs State Of Rajasthan

Manoj Kumar Garg, J

The petitioner has been arrested in connection with FIR No. 198/2022 of Police Station Thanwla, District Nagaur for the offence punishable under Sections 376, 506, 419 of IPC. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner submits that in her intial statement recorded under Section 161 Cr.p.C., the prosecutrix has not levelled any allegation of committing rape against the present petitioner but subsequently in her statement recorded under Section 164 Cr.P.C., she levelled allegation of committing rape against the accused-petitioner. Counsel further submits that prosecutrix is a major girl and the statement of the prosecutrix recorded under Section 164 Cr.P.C. is an afterthought which has been given after consultation and deliberation. Challan of the case has been presented. 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 Manish S/o Pura Ram Choudhary, shall be released on bail in connection with FIR No. 198/2022 of Police Station Thanwla, District Nagaur 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.