Released petitioner accused under Section 376 IPC on bail. Prosecution witnesses declared hostile; no merits weighed. Conditional bail granted with bond and sureties.
Petitioner released on bail with personal bond of Rs.2,00,000 and two sureties of Rs.1,00,000 each.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH
O R D E R
S.B.CRIMINAL MISC. BAIL APPLICATION NO.12946/2016
Gaurav S/o Ramkesh, by caste Meena, R/o Dhariya, PS-Nadauti,
Distt. Karauli
(At present accused are confined in Sub-Jail Mahwa, Distt.
Dausa)
Vs.
State of Rajasthan, through P.P.
DATE OF ORDER ::::: 07/10/2016
HON'BLE MR.JUSTICE MAHESH CHANDRA SHARMA
Mr.Umesh Vyas, for the petitioner/s.
Mr.R.S.Shekhawat, Public Prosecutor for State.
This bail application has been filed under Section 439 Cr.P.C.
Brief facts of the case are that an FIR No.48/2016 was registered at P.S. Mehandipur Balaji, Distt. Dausa for the offences mentioned therein against the accused petitioner. During the course of investigation, the accused petitioner was arrested. Thereafter the petitioner moved bail application before the learned Court below under Sec.439 Cr.P.C, who vide detailed impugned order dismissed the bail application. Hence this bail application has been preferred on behalf of the petitioner.
Learned counsel for the petitioner has contended that first information report was lodged against the petitioner under Sec.376 IPC whereas all the prosecution witnesses including the prosecutrix PW-1 Kali, as also PW-2 Geeta, PW-3 Ramcharan, they have been declared hostile, hence it is submitted that no case under Sec.376 IPC is made out. It is also submitted that the petitioner has been falsely implicated in this case, he has nothing to do with the alleged crime, there is no case made out against the petitioner. It has also been contended that the accused petitioner is in judicial lockup since long, trial of the case is likely to take time, hence, the accused petitioner should be released on bail.
On the other hand, learned Public Prosecutor has opposed the bail application.
Looking to the facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, I deem it just and proper to release the petitioner on bail.
Therefore, this bail application is allowed and it is directed that accused petitioner Gaurav S/o Ramkesh be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR, provided he furnishes a personal bond in the sum of Rs.2,00,000/- (Rupees two lac) together with two sureties in the sum of Rs.1,00,000/- (Rupees one lac) each to the satisfaction of the trial court with the stipulation that he shall appear before that court on all subsequent dates of hearing and as and when called upon to do so.
(MAHESH CHANDRA SHARMA)J.
Sandeep/-c/2
1 issue framed by the court
Whether the petitioner should be released on bail under Section 439 Cr.P.C. given that he is facing charges of rape and prosecution witnesses were declared hostile.
2 provisions across 2 enactments
Gaurav S/o Ramkesh
State of Rajasthan
Mahesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
