Rahul Kumar S/O Kailash Chand vs State Of Rajasthan ...
2023 Latest Caselaw 4372 Raj/2

[2023:RJ-JP:19661]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

  S.B. Criminal Miscellaneous II Bail Application No.
                            10524/2023
Rahul Kumar S/o Kailash Chand, R/o Haripura Tan
Jugalpura Thana Ajitgarh, Tehsil Shrimadhopur,
District Sikar (Petitioner Is In Custody At Sub Jail,
Nim Ka Thana)                                            ----Petitioner
                                Versus
State Of Rajasthan, Through Pp                      ----Respondent

For Petitioner(s) : Mr. Vidhut Kumar Gupta, Adv.

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

HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order

29/08/2023

So far as defect No.1 pointed by the Registry is

concerned, it is submitted that the S.B. Criminal

Misc. Second Bail Application No.10361/2023 (Rahul

Kumar Son of Kailash Chand Vs. State of Rajasthan

Through P.P.) arising out of the same FIR impugned

herein has already been dismissed as withdrawn by

this Court today itself. Hence, the defect No.1 stands

overruled.

So far as defect No.2 pointed by the Registry is

concerned, it is with regard to mentioning of wrong

date of order as 10.07.2023 in the subject matter of

the present bail application. Learned counsel for the

petitioner was granted permission in the Court itself

[2023:RJ-JP:19661] (2 of 3) [CRLMB-10524/2023]

to make correction in the date of order and the same

has been corrected by the learned counsel in the

subject matter as 04.08.2023 in place of 10.07.2023.

Hence, the defect No.2 stands cured.

This second bail application has been filed by

the petitioner under Section 439 Cr.P.C. seeking

regular bail in FIR No.55/2023 registered at Police

Station Ajitgarh, District Sikar for the offence(s)

under Section(s) 376(2)(n), 506 & 354(D) of IPC.

The first bail application of the accused-

petitioner was dismissed by this Court vide order

dated 02.06.2023.

Learned counsel for the petitioner submits that

the accused-petitioner is innocent and he has been

falsely implicated in this case. He further submits

that the prosecutrix has turned hostile during trial.

He also submits that the accused-petitioner has been

in judicial custody since long and the conclusion of

the trial will take long time, hence the petitioner may

be enlarged on bail.

Learned Public Prosecutor appearing for the

State has opposed the bail application.

Taking into consideration the overall facts and

circumstances of the case, but without expressing

any opinion on the merits and demerits of the case,

[2023:RJ-JP:19661] (3 of 3) [CRLMB-10524/2023]

this Court deems it just and proper to enlarge the

petitioner on bail.

Accordingly, the second bail application filed

under Section 439 Cr.P.C. is allowed and it is ordered

that accused-petitioner Rahul Kumar S/o Kailash

Chand shall be released on bail, provided he

furnishes a personal bond in the sum of

Rs.1,00,000/- with two sureties of Rs.50,000/- each

to the satisfaction of the trial Court, with the

stipulation that the petitioner shall appear before

that Court on all subsequent dates of hearing and as

and when called upon to do so.

(UMA SHANKER VYAS),J DANISH USMANI /10

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