Rajasthan High Court - Jaipur
Ravi Kumar Urf Ravindra vs State Of Rajasthan Through Pp on 19 September, 2013
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. 2nd Bail Application No.11650/2012 Ravi Kumar @ Ravindra Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 19.09.2013 Hon'ble Mr. Justice Mohammad Rafiq Shri Rajesh Sharma, counsel for petitioner Shri Sanjeev Kumar Mahala, Public Prosecutor #### By the Court:-
Heard learned counsel for petitioner as well as learned Public Prosecutor and perused material made available to me during course of arguments.
Contention of learned counsel for petitioner is that first application for bail of accused-petitioner, being Bail Application No.8407/2012, was dismissed by this court vide order dated 17.09.2012 with liberty to him to again apply for bail after statement of prosecutrix Punita Topo is recorded by the trail court.
It is contended that prosecutrix Punita Topo is resident of State of Assam, and that she is not turning up for getting her statement recorded, despite repeated notices by the court. The court has ultimately issued arrest warrant but service of the same has not been made possible because her correct address is not know. Co-accused Ratan and Ashok have already been enlarged on bail by order of this court. There is no allegation of rape against accused-petitioner by the prosecutrix in her statement under Section 164 Cr.P.C. The case of the petitioner stands on better footings than that of co-accused Ratan, against whom allegation is that he had brought the prosecutrix from Assam in lieu of money received from Manoj for arranging her marriage with him. There is no such allegation against accused-petitioner. Petitioner was arrested on 14.07.2012 and he has been in jail for last 14 months. Challan has already been filed. Trial may take a long. Petitioner would undertake not to indulge in any offence in future and would maintain good conduct, if granted benefit of bail. There is no chance of fleeing the petitioner from justice.
Learned Public Prosecutor opposed the bail application.
After considering all the facts and circumstances of the case and without expressing any opinion on its merits, I deem it just and proper to allow this bail application. It is therefore ordered that accused-petitioner, namely, Ravi Kumar @ Ravindra S/o Shri Ramji Lal, Resident of Ward No.1, Sarai Mohalla, Virat Nagar, Police Station Virat Nagar, District Jaipur (presently in Central Jail, Jaipur) be released on bail under Section 439 Cr.P.C., in FIR No.110/2012, Police Station Virat Nagar, District Jaipur, for offence under Sections 366, 370, 371 and 120B of the IPC, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so.
This second bail application stands disposed of.
(Mohammad Rafiq) J.
//Jaiman//21 All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Giriraj Prasad Jaiman PS-cum-JW