High CourtsSingle Bench

Munesh Choudhary vs State Of Rajasthan

Rajasthan High Court · Decided on 4 December 2023 · Citation: (2023) 12 RAJ CK 0012

HON’BLE JUDGES
Manoj Kumar Garg, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 376(2)(N), 450, 506 · Information Technology Act, 2000 — Section 67 · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous 3rd Bail Application No. 1719 Of 2023
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Judgment

7 paragraphs · 271 words

Manoj Kumar Garg, J

The petitioner has been arrested in connection with FIR No.34/2022 of Police Station Shivpura, District Pali for the offence punishable under Sections 450, 376(2)(N), 506 IPC and Section 67 of IT Act. He has preferred this third bail application under Section 439 Cr.P.C.

The second bail application was dismissed by this Court vide order dated 13.09.2022.

Counsel for the petitioner submits that the compromise has already been arrived at between the parties. The accused-petitioner is inside the jail since 06.03.2022 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.

Counsel for the complainant concurs the fact of compromise, however, learned Public Prosecutor has opposed the third bail application.

Having regard to the totality of the facts and circumstances of the case and considering the fact that compromise has been arrived at between the parties, 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 third bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Munesh Choudhary S/o Nema Ram shall be released on bail in connection with FIR No.34/2022 of Police Station Shivpura, District Pali provided he executes a personal bond in a sum of Rs.2,00,000/-with two sound and solvent sureties of Rs.1,00,000/- 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.