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Judgment
9 paragraphs · 318 wordsManoj Kumar Garg, J
The present third bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.199/2022 registered at Police Station Subhashnagar, District Bhilwara registered for the offences punishable under Sections 376(2)(n), 384, 506 & 509 of IPC and Sections 67 & 67-A of IT Act.
The second bail application was dismissed by this Court vide order dated 30.01.2023 with liberty to file afresh after recording the statement of witness-Kailash.
Learned counsel for the petitioner submits that witness-Kailash has been examined as PW.3 and prosecutrix has been examined as PW.1 before the trial Court and there are material contradictions, improvements and omissions in their statements.
The petitioner is in the judicial custody for about two years and the trial of the case will take sufficiently long time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner.
Per contra, learned Public Prosecutor has opposed the bail application.
I have considered the arguments advanced before me and gone through the material available on record.
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 third bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Satyanarayan Suwalka S/o Banshi Lal Suwalka shall be released on bail in connection with F.I.R. No.199/2022 registered at Police Station Subhashnagar, District Bhilwara provided he executes a personal bond in a sum of Rs.1,00,000/- with two 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.