High Court granted second bail to accused in rape and abduction offences pending investigation and trial, citing delay due to prosecutrix's non-appearance, directing release on bond.
Release of petitioner on bail by executing personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each.
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[2024:RJ-JD:24887]
[CRLMB-778/2024]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 778/2024
Dinesh S/o Ramsingh, Aged About 24 Years, R/o Kadvali Choti, P.s. Patan, Dist. Banswara, Rajasthan. (At Present Lodged At Banswara Jail)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Shreekant Verma For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
30/05/2024
The petitioner has been arrested in connection with FIR No.43/2022 of Police Station Patan, District Banswara for the offence punishable under Sections 363, 366, 344, 376(2)(N), 376(3) IPC. He has preferred this second bail application under Section 439 Cr.P.C.
The first bail application was dismissed as not pressed on 22.07.2022 with liberty to file afresh after recording the statement of the prosecutrix.
Counsel for the petitioner submits that till date, the prosecutrix did not appear before the trial court for her evidence and the petitioner is inside the jail since 22.02.2022 and the trial is yet pending. Therefore, the benefit of bail should be granted to the accused-petitioner.
[2024:RJ-JD:24887]
[CRLMB-778/2024]
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Learned Public Prosecutor has vehemently opposed the second 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 second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Dinesh S/o Ramsingh shall be released on bail in connection with FIR No.43/2022 of Police Station Patan, District Banswara 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
130-MS/-
1 issue framed by the court
Whether bail should be granted to the accused in pending offences under Sections 363, 366, 344, 376(2)(N), 376(3) IPC on account of non-appearance of prosecutrix and pending trial.
1 provisions across 1 enactments
Dinesh S/o Ramsingh
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
