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2009 DIGILAW 2049 (RAJ)

Rakesh Kumar @ Babi v. State of Rajasthan

2009-09-18

M.N.BHANDARI

body2009
JUDGMENT 1. - Heard learned counsel for the petitioner as well as the learned Public Prosecutor and perused the record of the case. 2. Learned counsel for the petitioner submits that third bail application has been filed after recording statements of the prosecutrix. It is stated that prosecutrix has made allegation against Lokesh, Rakesh and one another person and not against the present petitioner Rakesh Kumar @ Babi. It is also stated that other Rakesh is the brother-in-law of Lokesh. In the cross examination also, it is stated that so far as the present petitioner namely Rakesh Kumar @ Babi is concerned, he left the place after locking, thus it becomes clear that he has falsely been implicated in the matter. In view of the above, it is prayed by the learned counsel for the petitioner that the petitioner may be granted bail in the light of the statement of the prosecutrix. 3. Learned Public Prosecutor, on the other hand, has opposed this bail application. 4. After considering all the facts and circumstances of the case and without expressing any opinion on merits of the case, I consider it just and proper to release the accused-petitioner namely, Rakesh Kumar @ Babi s/o Chandra Prakash on bail under Section 439 Cr.PC. in FIR No. 346/2008 registered at Police Station Mahaveer Nagar, Kota for offence under Sections 376(2), 363 & 366 of IPC provided, he furnishes a personal bond in the sum of Rs. 30,000/- together with one surety in the like amount to the satisfaction of the learned trial court for his appearance before that Court on all subsequent dates of hearing and as and when called upon to do so.Bail Application Allowed. *******