Bench granted bail to petitioner Tarun Kumar, arrested for offences under Sections 342 and 376D IPC, directing execution of personal bond of Rs.1,00,000 and sureties.
Petitioner released on bail through personal bond of Rs.1,00,000/ and two sureties of Rs.50,000/ each to Trial Court.
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[2023/RJJD/009730]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1713/2023
Tarun Kumar S/o Jetharam Arya, Aged About 22 Years, R/o Vill. Bhagwanpura, P.s. Bheem, Dist. Rajsamand, At Present Indra Colony, Patiya, P.s. Bheem, Dist. Rajsamand (Raj.). (Lodged In Dist. Jail, Banswara).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. PR Mehta For Respondent(s) : Mr. Laxman Solanki, P.P.
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
12/04/2023
The petitioner has been arrested in connection with FIR No.604/2022 of Police Station Pratapnagar, District Udaipur for the offences punishable under Sections 342, 376D IPC. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. It is further submitted that victim is 35 years old married lady having four children. It is also submitted that co-accused viz. Khayali Lal @ Santosh and Goverdhan Singh have already been enlarged on bail by coordinate Bench of this Court vide order dated 08.09.2022 and 01.02.2023 respectively. Charge-sheet has been filed and no investigation is pending against the accused-petitioner. The accused-petitioner is in judicial custody since long and the trial of
[2023/RJJD/009730]
[CRLMB-1713/2023]
(2 of 2)
the case will take long time. Therefore, it is prayed that the accused-petitioner may be enlarged on bail.
Learned Public Prosecutor has vehemently opposed the bail application.
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 Tarun Kumar S/o Jetharam Arya shall be released on bail in connection with FIR No.604/2022 of Police Station Pratapnagar, District Udaipur 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.
(MADAN GOPAL VYAS),J
84-Bharti/-(12)
1 issue framed by the court
Whether the petitioner, arrested for offences under Sections 342 and 376D IPC, is entitled to bail under Section 439 Cr.P.C.
1 provisions across 1 enactments
Tarun Kumar S/o Jetharam Arya
State Of Rajasthan
Madan Gopal Vyas
As recorded by the court registry
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