Deepak S/O Shri Ramveer vs State Of Rajasthan ...
2023 Latest Caselaw 1481 Raj/2

[2023/RJJP/001433]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

  S.B. Criminal Miscellaneous II Bail Application No.
                            1012/2023

Deepak S/o Shri Ramveer, Resident Of Malikpur,
Police Station Sadar, District Dholpur Rajasthan (At
Preesnt      Confined         At      Central           Jail   Dholpur
(Rajasthan)
                                                         ----Petitioner
                               Versus
State Of Rajasthan, Through P.p.
                                                      ----Respondent

For Petitioner(s) : Mr. Najeeb Anwar Khan, Adv.

For                     : Mr. M.K. Sheoran, P.P.
Respondent(s)

HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment

03/02/2023

The first bail application of the accused-

petitioner was dismissed by this Court vide order

dated 16.09.2022. After dismissal of the first bail

application, the learned trial Court has recorded the

statements of prosecutrix (PW-1), her mother (PW-2)

& her uncle (PW-3), who have not supported the

prosecution case and all of them have been declared

hostile hence, this is second bail application.

This second bail application has been filed by

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

regular bail in FIR No.98/2022 registered at Police

[2023/RJJP/001433] (2 of 3) [CRLMB-1012/2023]

Station Mahila Thana, District Dholpur for the

offence(s) under Section(s) 323, 341 & 376 IPC.

Learned counsel for the petitioner submits that

the accused-petitioner is innocent and he has falsely

been implicated in this case. He further submits that

during trial, prosecutrix (PW-1), her mother (PW-2)

and her uncle (PW-3) have turned hostile and they

have not levelled any allegation against the accused-

petitioner. He also submits that the accused-

petitioner is 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 this second 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,

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 Deepak S/o Shri Ramveer

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

[2023/RJJP/001433] (3 of 3) [CRLMB-1012/2023]

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 /03

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