High CourtsSingle Bench

Shrawan Singh vs State Of Rajasthan

Rajasthan High Court · Decided on 24 February 2020 · Citation: (2020) 02 RAJ CK 0446

HON’BLE JUDGES
Vinit Kumar Mathur, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 366, 376 · Code Of Criminal Procedure, 1973 — Section 161, 164
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 2320 Of 2020
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Judgment

16 paragraphs · 332 words

The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.

176/2019, Police Station Bhojasar, District Jodhpur for the offences under Sections 376 & 366 of I.P.C.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submits that the prosecutrix is a married lady and was in regular contact with the present petitioner. He further

submits that she had accompanied the petitioner and traveled with him in public transport to Jaipur and Chennai. She had stayed with the present

petitioner in different hotels. While traveling and staying with the present petitioner in the hotels, she has not raised any alarm. He further submits that

the statements of the prosecutrix under Section 161 and 164 of Cr.P.C. also do not inspire confidence qua the allegation of committing rape upon her

against her wishes. He further submits that the charge-sheet in the matter has already been filed and the conclusion of trial will take sufficient long

time. He therefore, prays that the petitioner may be enlarged on bail.

Learned Public Prosecutor opposes the bail application. Having regard to the facts and circumstances of the case and upon a consideration of the

arguments advanced, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the present bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner â€" Shrawan Singh

S/o Kishan Singh arrested in connection with F.I.R. No. 176/2019, Police Station Bhojasar, District Jodhpur shall be released on bail provided he

furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) 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.