Rajasthan High Court
CRLMB/18229/2022 of RAHUL SON OF ASHOK BALAI Vs STATE OF RAJASTHAN on 22 December 2022
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 18229/2022 Rahul Son Of Ashok Balai, Aged About 20 Years, Resident Of Village Mandawara Narayanpur, Police Station Narayanpur, District Alwar(Raj.) (At Present Petitioner Is Confined In Central Jail Alwar)
S.B. Criminal Miscellaneous Bail Application No. 18229/2022
Rahul Son Of Ashok Balai, Aged About 20 Years, Resident OfVillage Mandawara Narayanpur, Police Station Narayanpur,District Alwar(Raj.) (At Present Petitioner Is Confined In CentralJail Alwar)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Ajay Yadav with Mr. Ganesh Dutt Gautam For Respondent(s): Mr. Sanjeev Kumar Mahala, PP
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
22/12/2022
The present bail application has been filed under Section 439Cr.P.C. The petitioner has been arrested in connection with FIRNo.0092/2022 registered at Police Station Narayanpur, DistrictAlwar for the offence(s) under Section(s) 376 (2) (n), 384, 506,450 and 457 of IPC and later on for offence(s) under Sections(s)376 (2) (n), 384, 506 & 457 IPC.
Learned counsel for the petitioner submits that he has falselybeen implicated in this case wherein, FIR has been lodged by amajor married lady with children with inordinate delay of one anda half years. He submits that the petitioner is in custody since22.07.2022, charge-sheet has been filed, nothing incriminatinghas been recovered from his possession, trial of the case will take time, he has no criminal antecedents and prayed for his release onbail.
Learned Public Prosecutor has opposed the bail application.
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Taking into consideration the submissions advanced bylearned counsel for the petitioner, the material available in thecharge-sheet especially the statement of the prosecutrix recordedunder Section 164 Cr.P.C., his length of custody and absence ofcriminal antecedents; but, without expressing any opinion on themerits of the case, this court deems it just and proper to enlargethe petitioner on bail.
Accordingly, the bail application is allowed and it is directed that accused-petitioner Rahul Son Of Ashok Balai shall bereleased on bail under Section 439 Cr.P.C. in connection withafore-mentioned FIR registered at concerned Police Station,provided he furnishes a personal bond in the sum ofRs.1,00,000/-(Rupees One Lac only) together with two sureties in the sum ofRs.50,000/- (Rupees Fifty Thousand only) each to the satisfactionof the trial court with the stipulation that he shall comply with allthe conditions laid down under Section 437(3) Cr.P.C.
(MAHENDAR KUMAR GOYAL),J
Sudha/185
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