Kapil vs State Of Rajasthan
2022 Latest Caselaw 5299 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous IInd Bail Application No. 4591/2022

Kapil S/o Shri Kamala Shankar, Aged About 26 Years, R/o Village Meethan-Neem P.S. Dabok District-Udaipur (Rajasthan).

(Presently Lodged In Central Jail Udaipur)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Shambhoo Singh Rathore. For Respondent(s) : Ms. Anita Gehlot, P.P.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

08/04/2022

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

No.440/2021, Police Station Sukher (Udaipur), for the offences

punishable under Sections 376 & 384 of I.P.C. and Section 67 of

I.T. Act. He has preferred this second bail application under

Section 439 Cr.P.C.

The first bail application was dismissed by this Court vide

order dated 08.12.2021 as not pressed with liberty to file a fresh

bail application after recording the statement of the prosecutrix.

Learned counsel for the petitioner submits that now the

prosecutrix has been examined in the trial court as P.W.-1 and she

has turned hostile. Counsel further submits that no other

connecting evidence has been found against the petitioner. The

trial of the case will take sufficient long time to be concluded,

(2 of 2) [CRLMB-4591/2022]

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 and gone through the material available on record,

without expressing any opinion on the merits of the case, so also

the fact that the prosecutrix has turned hostile, 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 Kapil S/o Shri

Kamala Shankar shall be released on bail in connection with F.I.R.

No.440/2021, Police Station Sukher (Udaipur) provided he

executes a personal bond in a sum of Rs.1,00,000/- and 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 47-prashant/-

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