High CourtsSingle Bench

Rakesh vs State Of Rajasthan

Rajasthan High Court · Decided on 22 March 2024 · Citation: (2024) 03 RAJ CK 0099

HON’BLE JUDGES
Manoj Kumar Garg, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 120B, 366, 376D, 384, 392, 411, 414
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 2967 Of 2024
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Judgment

7 paragraphs · 268 words

Manoj Kumar Garg, J

The present bail application has been filed under Section 439 Cr.P.C. who has been arrested in connection with FIR No.52/2022 registered at Mahila Thana, District Nagaur for the offences punishable under Sections 384, 366, 392, 376-D, 120-B, 411 & 414 of the IPC.

Learned counsel for the petitioner submits that prosecutrix has been examined as PW.2 before the trial Court and there are material contradictions, improvements and omissions in her statement. Similarly situated co-accused Anna Ram @ Anop has already been granted bail by this Court and the case of the present petitioner is not distinguishable. The petitioner is in judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the bail application.

I have considered the arguments advanced before me and gone through the material available on record.

Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner - Rakesh S/o Hema Ram shall be enlarged on bail in FIR No.52/2022 registered at Mahila Thana, District Nagaur provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/-each to the satisfaction of learned trial/link 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.