Banwarilal S/O Sh. Maliram vs State Of Rajasthan
2021 Latest Caselaw 1414 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Second Bail Application No.
                                    2152/2021

Banwarilal S/o Sh. Maliram, Aged About 25 Years, R/o Khejroli Ps
Govindgarh Dist. Jaipur Rural Raj. (Presently Confined In Dist.
Jail Sikar)
                                                                            ----Petitioner
                                        Versus
State Of Rajasthan, Through Pp
                                                                          ----Respondent

For Petitioner(s)              :    Mr. Sunil Tyagi
For State                      :    Mr. Sher Singh Mahla, PP



             HON'BLE MR. JUSTICE PANKAJ BHANDARI

                               Judgment / Order

09/02/2021

1. Petitioner has filed this second bail application under Section

439 of Cr.P.C.

2. F.I.R. No. 27/2020 was registered at Police Station

Ajeetgarh, District Sikar for offence under Sections 363, 376-DA,

506 of I.P.C. and Sections 5G, 51/6 of POCSO Act.

3. It is contended by counsel for the petitioner that while

rejecting the first bail on 24.08.2020, petitioner was given liberty

to move fresh bail after recording the statement of the

prosecutrix. However, prosecutrix has expired on 29.08.2020. It is

also contended that there is a delay of two years in lodging of FIR

pertaining to rape.

4. Learned Public Prosecutor has opposed the second bail

application.

(2 of 2) [CRLMB-2152/2021]

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the

petitioner, I deem it proper to allow the second bail application.

7. This second bail application is accordingly allowed and it is

directed that accused petitioner shall be released on bail provided

he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees

One Lac only) together with two sureties in the sum of

Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction

of the learned trial court with the stipulation that he shall appear

before that Court and any court to which the matter is transferred,

on all subsequent dates of hearing and as and when called upon to

do so.

(PANKAJ BHANDARI),J

NIKHIL KR. YADAV /20

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