The High Court granted bail to the petitioner arrested for offences under IPC Sections 366, 376 and 120-B, noting the prosecutrix alleged sexual assault against a co-accused amid allegations that she made no charge against the petitioner.
Petitioner released on bail via personal bond of Rs.50,000 with two sureties of Rs.25,000 each pending trial.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. Bail No. 10884/2018
Prakash S/o Jour @ Jera, Aged About 25 Years, B/c Kalbeliya, R/o Kumawato Ka Guda Kadiya, P.S. Gogunda, Distt. Udaipur.
(At Present Lodged In Central Jail, Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. K.R. Bhati For Respondent(s) : Mr. Ashok Upadhayay, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
27/11/2018
Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
The petitioner has been arrested in FIR No.346/2018 of Police Station Ambala, Distt. Udaipur for the offences punishable under Sections 366, 376 and 120-B IPC. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that the prosecutrix in her statement recorded under Section 164 Cr.P.C. has not alleged anything against the petitioner and she has levelled allegation of sexual assault against coaccused Mangi Lal.
Learned Public Prosecutor has opposed the bail application.
(2 of 2)
[CRLMB-10884/2018]
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, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner – Prakash S/o Jour @ Jera shall be released on bail in connection with FIR No.346/2018 of Police Station Ambala, Distt. Udaipur provided he executes a personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- 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.
(VIJAY BISHNOI),J
67-msrathore/-
1 issue framed by the court
Whether bail should be granted to the petitioner in a case involving offences under Sections 366, 376 and 120-B IPC where the prosecutrix alleged assault only against the co-accused.
1 provisions across 1 enactments
Prakash S/o Jour @ Jera
State Of Rajasthan
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
