Shanker Upadhyay vs State
2022 Latest Caselaw 6661 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 5834/2022

Shanker Upadhyay S/o Sh. Ramprasad Upadhay, Aged About 40 Years, A-15, Sanganer Road, Opp. Eidgah, Bhilwara. (At Present Lodged In Dist. Jail, Bhilwara).

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Abhishek Charan For Respondent(s) : Mr. Shrawan Bishnoi, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment / Order

06/05/2022 The present second bail application has been filed under

Section 439 Cr.P.C. on behalf of the petitioner who is in custody in

connection with F.I.R. No.12/2022, Police Station Pratap Nagar,

District Bhilwara, for the offences under Sections 376, (2) (N) IPC.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

After the rejection of the first bail application on 17.02.2022,

the charge-sheet has been filed. Learned counsel for the petitioner

submits that Mst. 'M' is a widow lady of 35 years of age. Mst. 'M'

and petitioner are known to each other for a very long time. The

petitioner was visiting the house of Mst. 'M' regularly. He further

submits that in one of the proceedings against the petitioner

before the Sub Divisional Magistrate, Mst. 'M' appeared as a

surety. He therefore submits that petitioner and Mst. 'M' were in

(2 of 2) [CRLMB-5834/2022]

relationship for a very long time. The conclusion of trial will take

sufficiently long time, therefore, it is prayed that the petitioner

may be enlarged on bail.

The learned Public Prosecutor opposes the bail.

Having regard to the facts and circumstances of the case and

upon a consideration of the arguments advanced, this Court is of

the opinion that the bail application filed by the petitioner

deserves to be accepted.

Consequently, the second bail application filed under Section

439 Cr.P.C. is allowed. It is ordered that the accused-petitioner

Shanker Upadhyay S/o Sh. Ramprasad Upadhay arrested in

connection with F.I.R. No.12/2022, Police Station Pratap Nagar,

District Bhilwara, shall be released on bail; provided he furnishes a

personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with

two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only)

each to the satisfaction of the 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.

(VINIT KUMAR MATHUR),J 30-nitin/-

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