Rajasthan High Court - Jodhpur
Shiv Singh Rajput vs State Of Rajasthan on 13 January, 2016
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
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S.B. CR. MISC. BAIL APPLICATION NO.12263/2015
Shiv Singh Rajput V/S State of Rajasthan
Date of order : 13.01.2016
HON'BLE MR. JUSTICE VIJAY BISHNOI
Mr. S.S. Sisodia, for the petitioner. Mr. Ashok Upadhyay, Public Prosecutor. Mr. Sudhir Sarupariya, for the complainant.
Heard learned counsel for the petitioner as well as learned Public Prosecutor assisted by counsel for the complainant and also perused the material on record.
The petitioner has been arrested in FIR No.185/2015 of Police Station, Kelwara, District Rajsamand for the offences punishable under Sections 365, 342 and 376 IPC. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has argued that there is a delay of about three days in filing the FIR. It is also contended that the petitoiner has falsely been implicated in this case on account of previous enmity and the allegation of rape is not corroborated with the medical examination of the petitioner.
Learned Public Prosecutor as well as learned counsel for the complainant have opposed the bail application.
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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 439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Shiv Singh Rajput S/o Kishan Singh shall be released on bail in connection with FIR No.185/2015 of Police Station, Kelwara, District Rajsamand provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- 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.
[VIJAY BISHNOI],J.
Abhishek 10