The Rajasthan High Court allowed the bail application of an accused charged with rape. The court noted a five-month delay in lodging the FIR and the filing of the charge-sheet before granting bail.
Accused to be released on bail upon furnishing a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail No. 62 / 2018
Mohammad Tufel @ Sonu S/o Shri Sabit Ali, R/o Sarai Meer, Police Station Kothi, Distt. Barabanki, Uttar Pradesh. (at Present Lodged in Distt. Jail, Ajmer)
----Petitioner
Versus
State of Rajasthan Through P.P.
----Respondent
For Petitioner(s) : Mr. Shrey Gaharana with Mr. Vivek Sharma For Respondent(s) : Mr. R.R. Singh Rathore, PP
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
08/01/2018
(2 of 2)
[CRLMB-62/2018]
that accused petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when
called upon to do so.
(PANKAJ BHANDARI), J.
Arti/70
1 issue framed by the court
Whether bail should be granted to the accused under Section 439 of Cr.P.C. considering the delay in filing the FIR and the charge-sheet.
2 provisions across 2 enactments
Mohammad Tufel @ Sonu
State of Rajasthan Through P.P.
Pankaj Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
