Rajasthan High Court - Jodhpur
Rakesh vs State Of Rajasthan on 18 June, 2021
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLMB-7581/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7581/2021
Rakesh S/o Babu Lal, Aged About 36 Years, Buchawas, Police
Station Bhaleri, Tehsil Taranagar, District Churu. (At Present
Lodged In Sub Jail, Rajgarh).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. SK Poonia, on VC
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
(VACATION JUDGE) Order 18/06/2021 In the wake of second surge in the COVID-19 cases, the Court is functioning virtually and abundant caution is being maintained for the safety of all concerned.
Heard learned counsel for the parties and perused the material available on record.
The petitioner has been arrested in connection with FIR No.126/2017 of Police Station Bhaleri, District Churu for the offence punishable under Sections 450, 458, 323, 324, 328, 394, 392, 307 & 376 of IPC. He has preferred this bail application under Section 439 Cr.P.C.
Counsel for the petitioner submits that charge-sheet has already been filed and trial of case is going on.
Counsel for the petitioner points out that Santosh Kumar, who is real brother of injured Sohanlal in his initial statement (Downloaded on 19/06/2021 at 08:18:19 PM) (2 of 3) [CRLMB-7581/2021] as well as in the statement made before trial Court, no allegation of rape whatsoever has been levelled.
Counsel for the petitioner further submits that a case of attempt to murder and rape has later been framed against the present petitioner.
Learned P.P. opposed the bail application but is unable to refute statement of Santosh Kumar as well as FIR and the record, which conjointly points out that the allegation of Section 376 IPC is an afterthought.
Learned P.P. further points out that at best some injuries are prima facie reflected.
After hearing counsel for the parties, this Court finds that on 17.11.2017 when the initial report was lodged, no allegation of rape was levelled and even upto trial court the witness Santosh Kumar, who is real brother of injured Sohan Lal, has not supported allegation of rape.
Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems 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 Rakesh S/o Babu Lal shall be released on bail in connection with FIR No.126/2017 of Police Station Bhaleri, District Churu 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 (Downloaded on 19/06/2021 at 08:18:19 PM) (3 of 3) [CRLMB-7581/2021] and every date of hearing and whenever called upon to do so till the completion of the trial.
(DR.PUSHPENDRA SINGH BHATI), VJ.
49-Sanjay/Jitender-
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