Kanhaiya Lal @ Vijay vs State
2021 Latest Caselaw 19104 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 16784/2021

Kanhaiya Lal @ Vijay S/o Sh. Ratan Lal Jat, Aged About 23 Years, R/o Sadi, P.s. Bijaypur, Dist. Chittorgarh (Raj.).

(At Present Lodged At Dist. Jail, Chittorgarh).

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Swaroop Singh Sishodia. For Respondent(s) : Mr. A.R. Choudhary, P.P.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

15/12/2021

The petitioner has been arrested in connection with F.I.R.

No.47/2020, Police Station Bijaypur, District Chittorgarh, for the

offences punishable under Sections 363, 366, 376(2)(N) of I.P.C.

He has preferred this bail application under Section 439 Cr.P.C.

Counsel for the petitioner submits that the prosecutrix has

been examined before the trial court as P.W.2 and she has been

declared hostile. There is no other connecting evidence against the

petitioner to connect him with the alleged crime. 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 Public Prosecutor has 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

(2 of 2) [CRLMB-16784/2021]

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 Kanhaiya Lal @ Vijay S/o

Sh. Ratan Lal Jat shall be released on bail in connection with F.I.R.

No.47/2020, Police Station Bijaypur, District Chittorgarh 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

52-prashant/-

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