High CourtsSingle Bench

Munaf vs State Of Rajasthan

Rajasthan High Court · Decided on 23 September 2022 · Citation: (2022) 09 RAJ CK 0067

HON’BLE JUDGES
Manoj Kumar Garg, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 120(B), 354, 376
RESULT
Allowed
CASE NUMBER
S.B. Criminal Miscellaneous Bail Application No. 11818 Of 2022
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Judgment

7 paragraphs · 255 words

Manoj Kumar Garg, J

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No.203/2022, Police Station Rawla, District Sriganganagar for the offence punishable under Sections 376, 354 and 120 (B) of the IPC.

Learned counsel for the petitioner submits that the prosecutrix was a major and she went with the petitioner at her own free will. Counsel submits that during this period, if anything happened, that was with the consent of the prosecutrix. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor and learned counsel for the complainant have opposed the prayer for bail.

I have considered the arguments advanced before me and gone through the material available on record.

Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner, Munaf S/o Sattar Khan, shall be enlarged on bail in F.I.R. No.203/2022, Police Station Rawla, District Sriganganagar provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.