Manoharlal vs State Of Rajasthan

Manoj Kumar Garg, J

The petitioner has been arrested in connection with FIR No.237/2021 of Police Station Kapasan, for the offence punishable under Sections 506, 384, 376(2) of IPC and 66ड, 67-( क) of IT Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner submits that prosecutrix was a major lady and FIR has been lodged in this case after a considerable delay and this delay has not at all been explained by the prosecutrix. He further submits that now prosecutrix has been examined before the Trial Court and there are material contradictions, improvements and omissions in her statement. 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 Manoharlal S/o Kishanlal Jat, shall be released on bail in connection with FIR No.237/2021 of Police Station Kapasan 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.