Vishnu vs State Of Rajasthan

The present second bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 214/2020

registered at Police Station Mangrol, District Baran for the offence under Section(s) 376 and 120-B of IPC.

Learned counsel for the petitioner submitted that after dismissal of the first bail application as withdrawn with liberty to file fresh after presentation of

charge sheet, charge sheet has been filed and hence, the second bail application.

It is contended by the learned counsel for the petitioner that the FIR has been lodged with inordinate delay of three days by the prosecutrix, a married

lady of 23 years of age. Drawing attention of this Court towards the statement of Pahalwan, cousin of husband of the prosecutrix and Bhawna,

recorded under Section 161 Cr.P.C., learned counsel for the petitioner submitted that the allegations against the petitioner of subjecting the prosecutrix

to rape are false. He submits that the petitioner is in custody since 05.10.2020, charge sheet has been filed, trial of the case will take time, he has no

criminal antecedents and prays for his release on bail.

Learned Public Prosecutor has opposed the second bail application.

Taking into consideration the submissions advanced by learned counsel for the petitioner, the nature of allegations against him, his length of custody,

filing of the charge sheet, absence of criminal antecedents and the material available in the charge sheet; but, without expressing any opinion on the

merits of the case, this Court deems it just and proper to enlarge the petitioner on bail.

Accordingly, the second bail application is allowed and it is directed that accused-petitioner Vishnu Son Of Ramesh Chand shall be released on bail

under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in

the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the

satisfaction of the trial Court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.