Padam vs State Of Rajasthan

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.277/2020 registered

at Police Station Hinduan, District Karauli, for the offence under Section(s) 323, 341 and 376 of IPC.

It is contended by learned counsel for the petitioner that although, allegation of subjecting the prosecutrix to rape has been levelled against him in the

FIR lodged by her; but, there is no such allegation in her statement recorded under Section 164 CrPC. He submits that the petitioner is in custody

since 28.07.2020, charge-sheet has been filed, trial of the case will take time, he has no criminal antecedents and prays for his release on bail.

Learned Public Prosecutor has opposed the bail application. Taking into consideration the submissions advanced by learned counsel for the petitioner,

the nature of allegations against him, his length of custody, filing of charge-sheet and absence of his criminal antecedents and especially the statement

of the prosecutrix recorded under Section 164 CrPC; but, without expressing any opinion on the merits of the case, this court deems it just and proper

to enlarge the petitioner on bail.

Accordingly, the bail application is allowed and it is directed that accused-petitioner Padam S/o Govinda shall be released on bail under Section 439

Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of

Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of

the trial court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.