Rajesh vs State Of Rajasthan

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.165/2020 of Police Station Kushalgarh, District Banswara for the offences punishable under Sections 363,

354, 354(B) and 376/511 IPC. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the allegation against the petitioner of attempting to commit rape upon the prosecutrix is false. It

is submitted that as a matter of fact the petitioner and the prosecutrix were together in the school building and when her brother saw them then she

lodged this false complaint under the pressure. It is submitted that the charge- sheet has been filed and the trial of the case will take time.

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, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Rajesh S/o Shri Badar shall be released

on bail in connection with FIR No.165/2020 of Police Station Kushalgarh, District Banswara provided he executes a personal bond in a sum of

Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- 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.