Mahendra vs State Of Rajasthan (2024:Rj-Jd:38469)
2024 Latest Caselaw 8131 Raj

Rajasthan High Court - Jodhpur

Mahendra vs State Of Rajasthan (2024:Rj-Jd:38469) on 18 September, 2024

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2024:RJ-JD:38469]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
   S.B. Criminal Miscellaneous Bail Application No. 11175/2024

Mahendra S/o Ramdeen, Aged About 30 Years, R/o Birai, Tehsil
Bawari, Dist. Jodhpur,raj. (At Present Lodged In Central Jail,
Johdpur)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Avinash Bhati
                                Mr. Pukhraj Gehlot
For Respondent(s)         :     Mr. Surendra Bishnoi, PP



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment

18/09/2024

The petitioner has been arrested in connection with FIR

No.102/2024 registered at Police Station Kherapa, District Jodhpur

for the offences punishable under Sections 366 and 376-D of the

IPC. He has preferred this bail application under Section 483 of

BNSS (corresponding to old Section 439 Cr.P.C.).

Learned counsel for the petitioner submits that according to

the statements of prosecutrix recorded under Sections 161 & 164

Cr.P.C., specific averment has been against co-accused Mahendra

Singh S/o Ghewar Ram regarding commission of rape and not

against the present petitioner. Counsel further submits that the

present petitioner only dropped the co-accused at the place of

incident in a vehicle. The petitioner did not commit any offences

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

[2024:RJ-JD:38469] (2 of 2) [CRLMB-11175/2024]

will take sufficient long time. Therefore, the benefit of bail should

be granted to the petitioner.

Learned Public Prosecutor has vehemently 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 483 of BNSS (corresponding to old

Section 439 Cr.P.C.).

Accordingly, the bail application filed under Section 483 of

BNSS (corresponding to old Section 439 Cr.P.C.) is allowed and it

is directed that petitioner Mahendra S/o Ramdeen shall be

released on bail in connection with FIR No.102/2024 registered at

Police Station Kherapa, District Jodhpur 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 153-MSRathore

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