Udailal vs State Of Rajasthan

Dr.Nupur Bhati, J

Heard learned counsel for the parties as well as perused the material available on record.

The instant third bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in connection with F.I.R. No.121/2023 dated 04.09.2023, registered at Police Station Ogana, District Udaipur, for the offence under Sections 450, 376(2)(N) of the IPC.

The first bail application of the petitioner was dismissed by this Court vide order dated 08.11.2023 with the liberty to come back before the Court after filing of charge-sheet, however, the charge-sheet has been filed now.

Thereafter, the petitioner preferred second bail application which was also dismissed as not pressed at that stage by this Court vide order dated 25.01.2024.

Learned counsel for the petitioner submits that the instant third bail application has been preferred by the petitioner on account of change in circumstances, as after rejection of the second bail application, statement of the prosecutrix has been recorded. She further submits that the prosecutrix in her cross-examination has specifically deposed that she was compelled to lodge FIR against the petitioner on account of false pretext.

Learned counsel for the petitioner also submits that the prosecutrix is a tutored witness and whatever she has stated in her cross-examination, has been tutored by her husband and the in-laws, which amounts to improvement/contradiction in her statements recorded earlier under Sections 161 and 164 Cr.P.C., respectively.

Per contra, learned Public Prosecutor opposes the bail application.

In view of the above and having regard to the entirety of facts and circumstances of the case as available on record and looking to the fact that the trial will consume time and without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the petitioner deserves to be enlarged on bail.

Consequently, the bail application is allowed. It is ordered that the accused-petitioner namely Udailal S/o Dharmaram in relation to the F.I.R. No.121/2023 dated 04.09.2023, registered at Police Station Ogana, District Udaipur, shall be released on bail; provided he/she furnishes a personal bond in the sum 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.