Pushkar Nagarchi vs State
2022 Latest Caselaw 3469 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2947/2022

Pushkar Nagarchi S/o Devi Lal Nagarchi, Aged About 25 Years, R/o Village Bori, P.s. Kurabad, Dist. Udaipur.

(At Present Lodged In Central Jail, Udaipur).

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Praveen Bhati, for Mr. Ram Singh Rawal.

For Respondent(s) : Mr. Laxman Solanki, P.P.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

05/03/2022

This is the third bail application under Section 439 Cr.P.C.

The petitioner was arrested in connection with F.I.R. No.006/2021,

Police Station Kurabad, Udaipur, for the offence punishable under

Section 376 of I.P.C.

The second bail application was dismissed as withdrawn vide

order dated 08.12.2021 with liberty to file afresh after recording

the statement of prosecutrix.

Learned counsel for the petitioner submits that now the

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

turned hostile. Counsel further submits that there is no other

connecting evidence against the petitioner to connect him with the

alleged crime. The petitioner is in judicial custody and the trial of

(2 of 2) [CRLMB-2947/2022]

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

case, I deem it just and proper to grant bail to the accused

petitioner under Section 439 Cr.P.C.

Accordingly, the third bail application filed under Sec.439

Cr.P.C. is allowed and it is directed that petitioner Pushkar

Nagarchi S/o Devi Lal Nagarchi, shall be released on bail in

connection with F.I.R. No.006/2021, Police Station Kurabad,

Udaipur 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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