Narain Lal vs State Of Rajasthan

Farjand Ali, J

The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

S.No.

Particulars of the Case

1

FIR Number

269/2023

2

Concerned Police Station

Asind

3

District

Bhilwara

4

Offences alleged in the FIR

Under Sections 323 and 376 of the IPC

5

Offences added, if any

--

6

Date of passing of impugned order

29.01.2024

It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.

Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

Heard learned counsel for the parties and perused the challan paper and the statement of the victim and the other witnesses recorded so far in the trial.

The incident alleged to have taken place in broad daylight on 17.08.2023. It is alleged that while the victim was being molested by the petitioner, suddenly the husband and other person came there for her rescue. Despite knowing the fact of onslaught, the FIR being a typed report got submitted to the SHO, Police Station Asind, District Bhilwara on the next date of incident. There was an inordinate delay in lodging of the FIR, for which, no satisfactory explanation what so ever has been furnished. The defence submission with regard to false implication, concoction and embellishment cannot be discarded, at this stage, while considering the question of liberty pending trial. I have gone through the statement of the victim carefully. She admits in her cross-examination that whatever deposed by her in examination-in-chief was tutored to her by the police and other members. Be that as it may. Upon consideration of the fact that the victim is a grown up married lady. There is delay in lodging of the FIR. Now the

statement of the victim has been recorded, thus, there remains no apprehension of her being tampered or hampered. The petitioner is behind the bars since one year. There is high probability that the trial may take long time to conclude. In light of these facts and circumstances, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter.

Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner as named in the cause title shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- 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.