This judgment allows a second bail application of an accused person detained under IPC Section 376. The court accepted the petitioner's readiness to furnish bonds and released him on bail pending a long trial.
Release on bail with 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.
[CRLMB-174/2024]
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 174/2024
Pradeep Meghwal S/o Durga Lal, Aged About 25 Years, R/o Badwa Road, Village Bamuliya Kalan, Police Station Anta, District Baran (Rajasthan) (At Present Confined In District Jail, Baran)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Girish Khandelwal For Respondent(s) : Mr. Yashwant Kankhadia, P.P.
: Mr. Yashwant Kankhadia, P.P.
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 09/02/2024
The instant 2nd bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner against the impugned order dated 21.12.2023, passed by learned Trial Court for the offence(s) punishable under Sections 376, 376(2)(n), 354-D, 506 of I.P.C., in F.I.R. No. 164/2023, registered at Police Station Anta, District Baran.
Learned counsel for the petitioner submits that the F.I.R. was lodged on 04.05.2023 and the statement of prosecutrix under Section 161 of Cr.P.C.has been recorded on 13.05.2023, wherein no allegation of rape has been made, whereas in the statement recorded under Section 164 of Cr.P.C., she has levelled allegation of rape against petitioner. During trial, victim/prosecutrix has improved her statement. Counsel further submits that the victim is a major girl and the petitioner has been falsely implicated in the
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case, he has nothing to do with the alleged offence and he is behind the bars since 30.05.2023. Trial of the case is likely to take a long time to conclude, till then, his further incarceration would not serve any fruitful purpose and he is ready and willing to furnish bail bonds for his release. Therefore, the bail application deserves to be allowed.
Learned Public Prosecutor has vehemently opposed the bail application.
Heard learned counsel for the parties and perused the material made available on record.
Taking into consideration the submissions put forth and overall facts & circumstances of the case and more particularly the facts/contents of F.I.R. and the statement of prosecutrix recorded under Section 161 & 164 Cr.P.C., but without commenting upon detailed merits of the case, this Court deems it fit to enlarge the accused-petitioner on bail.
Therefore, the 2nd bail application is allowed. Accusedpetitioner namely Pradeep Meghwal S/o Durga Lal, shall be released on bail, if he is not required in any other case, provided he furnishes a personal bond in the sum of Rs.50,000/- (Fifty Thousand) together with two sureties in the sum of Rs.25,000/(Twenty-five Thousand) each to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court and any other Court to which the matter is transferred, on all subsequent dates of hearing and as and when he is called upon to do so.
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[CRLMB-174/2024]
(VINOD KUMAR BHARWANI),J
SAURABH/61
1 issue framed by the court
Whether the accused petitioner is eligible for bail under Section 439 Cr.P.C. considering the conflicting statements and delay in trial.
1 provisions across 1 enactments
Pradeep Meghwal
State Of Rajasthan
Vinod Kumar Bharwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
