High CourtsSingle Bench

Narayan Nath vs State Of Rajasthan

Rajasthan High Court · Decided on 24 August 2022 · Citation: (2022) 08 RAJ CK 0073

HON’BLE JUDGES
Rameshwar Vyas, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 344, 365, 376, 506
RESULT
Allowed
CASE NUMBER
S.B. Criminal Miscellaneous Bail Application No. 10320 Of 2022
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Judgment

7 paragraphs · 275 words

Rameshwar Vyas, J

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the applicant who is in custody in connection with FIR No.376/2022 of Police Station Pratap Nagar, District Udaipur for the offences punishable under Sections 376, 365, 344 & 506 IPC.

Heard learned counsel for the applicant as well as learned Public Prosecutor and also perused the material on record.

Learned counsel for the applicant submits that the prosecutrix is major lady aged about thirty nine years who is living separate from her husband; there is considerable delay of two months in lodging the FIR of the incident; the applicant has falsely been implicated in this case, therefore, learned counsel for the applicant prays to allow the bail application.

Learned Public Prosecutor opposes the grant of bail application.

Having regard to the rival contentions of learned counsel for the parties and in the facts and circumstances of the case, without commenting on the merits, the bail application of the applicant under Section 439 Cr.P.C. deserves to be allowed.

Accordingly, the present bail application filed under Section 439 Cr.P.C. is allowed and it is directed that applicant Narayan Nath S/o Shankarnath Chouhan shall be released on bail in connection with FIR No.376/2022 of Police Station Pratap Nagar, District Udaipur provided he executes a personal bond in a sum of Rs.1,00,000/- (Rupees One Lac Only) with two sound and solvent sureties of Rs.50,000/- (Rupees Fifty Thousand Only) 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.