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Judgment
6 paragraphs · 284 wordsManoj Kumar Garg, J
The petitioner has been arrested in connection with FIR No. 213/2022 of Police Station Asind, District Bhilwara for the offence punishable under Sections 366, 343, 376(2)(n) of IPC. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that prosecutrix was a major lady at the time of incident and she roamed with the petitioner at so many places; during this period she did not raise any hue and cry. Furthermore, FIR in this case has been lodged after considerable delay and this delay has not at all been explained by the prosecutrix. Challan of the case has been presented and no investigation is pending. 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 has 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 Pappu Lal S/o Mangi Lal, shall be released on bail in connection with FIR No.213/2022 of Police Station Asind, District Bhilwara 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.
