High CourtsSingle Bench

Nimb Singh @ Narendra Singh vs State Of Rajasthan

Rajasthan High Court · Decided on 3 August 2023 · Citation: (2023) 08 RAJ CK 0015

HON’BLE JUDGES
Manoj Kumar Garg, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 376(1), 450 · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous 2nd Bail Application No. 8578 Of 2023
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Judgment

6 paragraphs · 282 words

Manoj Kumar Garg, J

The petitioner has been arrested in connection with FIR No. 193/2022 of Police Station Mahila, District Barmer, for the offence punishable under Sections 450 and 376 (1) of IPC. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner submits that Police recovered the mobile phones of petitioner as well as prosecutrix and also obtained call details, from which it was revealed that there was friendship and frequent whatsapp chat between them. Counsel further submits that the prosecutrix was major and they both are friends and she has lodged this false FIR under duress. Challan of the case has already been presented. The accused-petitioner is behind the bars 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.

Learned Public Prosecutor vehemently opposed the bail application.

Having regard to the totality of the facts and circumstances of the case, 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 bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Nimb Singh @ Narendra Singh S/o Kan Singh, shall be released on bail in connection with FIR No.193/2022 of Police Station Mahila, District Barmer, provided he executes a personal bond in a sum of Rs.1,00,000/-with two sound and solvent sureties of Rs.50,000/- 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.