Kanhaiya Lal S/O Shri Shivlal vs State Of Rajasthan
2022 Latest Caselaw 7652 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

   S.B. Criminal Miscellaneous Bail Application No. 17071/2022

Kanhaiya Lal S/o Shri Shivlal, Aged About 36 Years, R/o
Kachnara, P.s. Narayangarh, District Mandsore ( M.p.) ( Accused
At Present Confined In Central Jail Kota)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through P.p.
                                                                ----Respondent

For Petitioner(s)         :    Mr. Samarth Sharma
For Respondent(s)         :    Mr. Mangal Singh Saini, PP



       HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

                                    Order

06/12/2022

This bail application under Section 439 Cr.P.C. has been filed

by petitioner in connection with FIR No.98/2007, registered at

Police Station Ramganjmandi, District Kota Rural wherein he is

charged for offences punishable under Sections 363, 366 & 376(2)

(G) IPC.

Learned counsel for the petitioner submits that the

petitioner has not been named in the FIR. Learned counsel further

submits that when the statement of the prosecutrix was recorded

under Section 164 Cr.P.C., she has levelled the allegation of rape

against the petitioner as well as co-accused Radheshyam. Learned

counsel further submits that Radheshyam has been acquitted by

the learned trial court by appreciating their evidence of the

prosecutrix vide judgment dated 08.04.2010. Learned counsel

further submits that now the petitioner has been arrested and he

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is not having any criminal antecedents. Learned counsel further

submits that conclusion of the trial will take its own time, so

indulgence of bail may be granted to him.

Per contra, learned Public Prosecutor opposed the bail

application.

Considering the arguments put forward by learned counsel

for the petitioner and looking to the facts that the allegations of

rape were levelled against the petitioner as well as co-accused-

Radheshyam, who was already been acquitted by the learned trial

court vide judgment dated 08.04.2010 after appreciating the

statement and evidence of the prosecutrix and trial will take its

own time to conclude but without commenting any opinion on

merits or demerits of the case, I deem it just and appropriate to

grant indulgence of bail to the petitioner under Section 439 Cr.P.C.

Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is ordered that accused-petitioner Kanhaiya Lal

S/o Shri Shivlal, arrested in connection with FIR No.98/2007,

Police Station Ramganjmandi, District Kota Rural may be released

on bail; provided he furnishes a personal bond of Rs.50,000/- with

two surety bonds of Rs.25,000/- each to the satisfaction of learned

trial Court with the stipulation to appear before that Court on all

dates of hearing and as and when called upon to do so.

(ANOOP KUMAR DHAND),J

Gourav/76

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