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Judgment
7 paragraphs · 264 wordsManoj Kumar Garg, J
The petitioner has been arrested in connection with FIR No.303/2022 of Police Station Mandore, District Jodhpur for the offence punishable under Sections 323, 324, 326, 308 IPC. He has preferred this second bail application under Section 439 Cr.P.C.
The first bail application was dismissed as not pressed on 13.09.2023 with liberty to file afresh recording the statement of injured Savita.
Counsel for the petitioner submits that injured Savita has been examined before the trial court as PW-2 and there are major contradictions, improvements and omissions in her statement. The accused-petitioner is inside the jail since 05.10.2022 and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the second bail application.
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 second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Vimalraj S/o Lt. Rajnarayan shall be released on bail in connection with FIR No.303/2022 of Police Station Mandore, District Jodhpur provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent 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.