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Judgment
28 paragraphs · 426 words@JUDGEMENTTAG- JUDGEMENT
Farjand Ali, J
The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:
S.No.
Particulars of the Case
1
FIR Number
74/2024
2
Concerned Police Station
Mahamandir.
3
District
Jodhpur City East.
4
Offences alleged in the FIR
U/Sec. 420, 376(2)(n), 406, 467, 468, 471, 386, 387, 388, 506, 354, 417 of IPC.
5
Offences added, if any
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6
Date of passing of impugned order
22.03.2024.
It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.
Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.
I have considered the submissions made by both the parties and have perused the material available on record.
It is emanating from the record that the victim is a grown up married lady but got divorce from her husband in the year 2018. The manner in which she came into contact with the petitioner and the manner in which she had kept mum for a long time and not disclosed the incident of rape to anyone as well as upon consideration of the submission that a false case has been foisted in order to mount pressure upon the petitioner to vacate the premises, which was taken by him from the victim, this Court does not feel it appropriate to allow further incarceration of the petitioner. There is high probability that the trial may take long time to conclude. In light of these facts and circumstances, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter.
Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner as named in the cause title shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.