In a bail application in a Section 376 IPC case, the Rajasthan High Court granted bail due to the existence of a compromise and significant delay in lodging the FIR, despite the Prosecutor's opposition, directing release on personal bond with sureties.
Release on bail with personal bond of Rs. 1,00,000/- and two sureties of Rs. 50,000/- 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.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5/2023
Aswin Berwal S/o Sanjay Berwal, Aged About 29 Years, R/o Indra Colony Abu Parwat Dist. Sirohi (At Present Lodged At Sub Jail Abu Road Dist. Sirohi Raj.)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Sikander Khan For Respondent(s) : Mr. Vikram Sharma, PP Mr. Naved Khan Sindhi
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
04/01/2023
The petitioner has been arrested in connection with F.I.R. No.102/2022 of Police Station Abu Parwat, District Sirohi for the offence punishable under Section 376 IPC. He has preferred this bail application under Section 439 Cr.P.C.
Counsel for the petitioner submits that the prosecutrix is a major girl and FIR in this case has been lodged after a considerable delay. Counsel further submits that compromise has also been arrived at between the parties and challan of the case has been presented. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
Learned counsel for the complainant concurs the fact of compromise, however, learned Public Prosecutor has opposed the bail application.
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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 Aswin Berwal S/o Sanjay Berwal, shall be released on bail in connection with FIR No.102/2022 of Police Station Abu Parwat, District Sirohi 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
173-MS/-
1 issue framed by the court
Whether the petitioner is entitled to bail under Section 439 Cr.P.C. given the compromise and delay in lodging the FIR?
2 provisions across 2 enactments
Aswin Berwal S/o Sanjay Berwal
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
