In bail application under Section 439 CrPC, the Rajasthan High Court granted bail to the accused charged with offences under Sections 376(2)(n) and 384 IPC, considering the delayed FIR and outstanding trials.
Release of accused on bail subject to personal bond of Rs.50,000 and two surety bonds of Rs.25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 12951/2022
Alatmas S/o Abdul Rehman, Aged About 26 Years, R/o Near Police Chowki, Kakroli, Police Station Kakroli, District- Muzaffar Nagar, Uttar Pradesh, At Present Guddu Ka Makan, Chasme Ki Bavadi, Police Station Makbara, Dist- Kota.
----Petitioner
Versus
State of Rajasthan, Through Public Prosecutor
----Respondent For Petitioner(s) : Mr. Sunil Kumar Jain For Respondent(s) : Mr. Mangal Singh Saini-PP For Complainant(s) Mr. Abdul Rahim Khan
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
15/11/2022
This bail application under Section 439 Cr.P.C. has been filed by the petitioner in connection with FIR No.40/2022 registered at Police Station Makbara, District Kota City wherein he is charged for offences punishable under Sections 376(2)(n) and 384 of IPC.
Learned counsel for the petitioner submits that the alleged incident was occurred almost 1 and 1/2 years back and unexplained delay FIR has been registered after a lapse of 1 and 1/2 years. Counsel submits that the prosecutrix is major, having the age of 31 years. She stayed in the hotel with the petitioner and there is entry in the register of the hotel, which bears the signature of the prosecutrix. Counsel submits that a false case has been registered against the petitioner as the petitioner is in custody since 03.08.2022. Counsel further submits that after investigation
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[CRLMB-12951/2022]
charge-sheet has been submitted and conclusion of the trial will take its own time, so indulgence of bail be granted to him.
Per contra, learned Public Prosecutor as well as counsel for the complainant have opposed the bail application.
Considering the averments mentioned in the statement of the prosecutrix recorded under Section 164 Cr.P.C. and more particularly that after investigation charge sheet has been submitted and trial will take its own time to conclude but without commenting any opinion on merits or demerits of the case, I deem it just and appropriate to grant indulgence of bail to the petitioner under Section 439 Cr.P.C.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner- Alatmas S/o Abdul Rehman arrested in connection with the aforementioned FIR, may be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(ANOOP KUMAR DHAND),J
Ashu/42
1 issue framed by the court
Whether bail should be granted to the accused in a case under Sections 376(2)(n) and 384 IPC.
1 provisions across 1 enactments
Alatmas S/o Abdul Rehman
State of Rajasthan
Anoop Kumar Dhand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
