The High Court of Rajasthan at Jodhpur considered a bail application filed by Surendra in a case involving offences under Sections 376, 450, and 354 of the IPC. The court granted bail on a personal bond with sureties.
The petitioner is released on bail on execution of a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 10755/2022
Surendra S/o Norang Lal, Aged About 25 Years, R/o Lalaniya, Teh. Nohar, Dist. Hanumangarh. (Presently Lodged In Sub Jail, Nohar).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. |
Vikas Bijarnia |
|---|---|---|
| For Respondent(s) | : Mr. |
Mukesh Trivedi,PP. |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
07/09/2022
The petitioner has been arrested in connection with FIR No. 85/2022 of Police Station Nohar, District Hanumangarh for the offence punishable under Sections 376, 450, 354 of IPC. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that prosecutrix was a major lady. Furthermore, according to the statement of prosecutrix recorded under Section 161 Cr.P.C., she has not levelled allegation of rape against the present petitioner but later on, when statements recorded under Section 164 Cr.P.C., prosecutrix mentioned that accused-petitioner had committed rape with her. The accused-petitioner is behind the bars and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accusedpetitioner.
Learned Public Prosecutor opposed the bail application.
(2 of 2)
[CRLMB-10755/2022]
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 bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Surendra S/o Norang Lal, shall be released on bail in connection with FIR No.85/2022 of Police Station Nohar, District Hanumangarh 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.
(MANOJ KUMAR GARG),J
42-raksha/-
1 issue framed by the court
Whether bail should be granted to the petitioner under Section 439 Cr.P.C. in a case involving Sections 376, 450 and 354 of IPC.
1 provisions across 1 enactments
Surendra S/o Norang Lal
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
