High CourtsSingle Bench

Omprakash vs State

Rajasthan High Court · Decided on 1 December 2021 · Citation: (2021) 12 RAJ CK 0005

HON’BLE JUDGES
Anoop Kumar Dhand, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 164, 439 · Indian Penal Code, 1860 — Section 376, 450
RESULT
Allowed
CASE NUMBER
S.B. Criminal Miscellaneous Bail Application No. 15690 Of 2021
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Judgment

6 paragraphs · 234 words

Anoop Kumar Dhand, J

This bail application under Section 439 Cr.P.C. is laid by petitioner in connection with FIR No.96/2021, registered at Police Station Kurabad, District Udaipur, wherein he is charged for offences punishable under Sections 450 & 376 IPC.

It is contended on behalf of petitioner that age of prosecutrix is 40 years age and as per her statements recorded under Section 164 Cr.P.C., date of the alleged incident is of four years back. It is further contended that after completion of investigation, charge-sheet has already been filed and trial will take its own time.

Per contra, learned Public Prosecutor has opposed the bail application.

Having heard learned counsel for the parties and looking to the allegations levelled and the statements recorded under Section 164 Cr.P.C., without expressing any opinion on merits of the case, I deem it just and appropriate to grant indulgence to the petitioner by enlarging him on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner Omprakash @ Kalu S/o Motiram, arrested in connection with F.I.R. No.96/2021, Police Station Kurabad, District Udaipur, may be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.