Nanga @ Nanga Ram vs State Of Rajasthan

Kuldeep Mathur, J

This second application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.110/2023, registered at Police Station Kanod, District Udaipur, for the offences under Sections 376 (2)(n), 450, 323 and 506 of the IPC.

The first bail application (S.B. Criminal Misc. Bail Application No.11257/2023) of the present petitioner was dismissed as not pressed with liberty as prayed for by this Court vide order dated 06.10.2023.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Drawing attention of the Court towards the statements of the prosecutrix recorded before the competent criminal court as PW-1, learned counsel for the petitioner submitted that the prosecutrix during her Court’s statements, has not supported the prosecution’s story and has turned hostile.

Learned counsel submitted that the present petitioner has been falsely implicated in the present case. Learned counsel further submitted that since the prosecutrix during her Court’s statements, has not supported the prosecution’s story, therefore, no fruitful purpose would be served by sending the petitioner behind bars as the chances of the present petitioner getting convicted in the trial are very bleak, the petitioner is in 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 has vehemently opposed the bail application, however, he was not in a position to refute that fact that the prosecutrix during her Court’s statements recorded before the competent criminal court as PW-1, has not supported the prosecution’s story and has turned hostile.

Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the second bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Nanga @ Nanga Ram S/o Bhaira, arrested in connection with F.I.R. No.110/2023, registered at Police Station Kanod, District Udaipur, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.