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Judgment
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
The instant bail application under Section 439 Cr.P.C. has
been preferred on behalf of the petitioner who is in custody in
connection with F.I.R. No.296/2015, registered at Police Station
Kudi Bhagtasani, Jodhpur for the offences under Sections 452,
323, 354, 384, 376(D), 450 and 394 IPC.
The prosecutrix Smt.S has been examined at the trial. In her
Parcha Bayan Ex.P/1, she specifically mentioned that the accused
did not subject her to rape. The Parcha Bayan was given with the
simple allegations of beating and theft. Upon being examined
under Section 164 Cr.P.C., the prosecutrix attributed the allegation
of rape to the petitioner and co-accused Ajay Nath. In her sworn
testimony, the allegation of rape has been given up to the extent
of accused Ajay Nath who has since been enlarged on bail.
In this background and having regard to the facts and
circumstances available on record but without expressing any
opinion on the merits of the case, this Court is of the opinion that
the petitioner deserves to be released on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is
allowed and it is directed that the petitioner Raju Nath arrested in
connection with the F.I.R. No.296/2015, registered at Police
Station Kudi Bhagtasani, Jodhpur shall be released on bail
provided he furnishes a personal bond of Rs.50,000/- and two
surety bonds of Rs.25,000/- each to the satisfaction of the 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.