High CourtsSingle Bench

Vikas vs State Of Rajasthan

Rajasthan High Court · Decided on 27 June 2023 · Citation: (2023) 06 RAJ CK 0054

HON’BLE JUDGES
Yogendra Kumar Purohit, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 323, 342, 366, 376(2)(n)
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 3827 Of 2023
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Judgment

7 paragraphs · 253 words

Yogendra Kumar Purohit, J

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No.418/2022, Police Station Dhariyawad, District Pratapgarh for the offences punishable under Sections 376(2)(n), 366, 342 and 323 of the IPC.

Learned counsel for the petitioner submits that there is a delay in filing of the FIR and no explanation has been given for the said delay. Challan of the case has already been presented and no investigation is pending against the petitioner. The petitioner is in the judicial custody since 24.12.2022 and the trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the petitioner.

Learned Public Prosecutor has opposed the prayer for bail.

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, Vikas S/o Shri Rawji, shall be enlarged on bail in F.I.R. No.418/2022, Police Station Dhariyawad, District Pratapgarh 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 the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.