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2018 DIGILAW 1186 (RAJ)

Kishandas Rangaswami v. State of Rajasthan

2018-05-07

PRATAP KRISHNA LOHRA

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JUDGMENT : Pratap Krishna Lohra, J. 1. Accused-petitioner has preferred this second bail application under Section 439 Cr.P.C., arising out of FIR No. 178/2017, registered at Police Station Mandal, District Bhilwara, wherein he is charged for offence punishable under Sections 341, 323 and 376-D IPC. 2. At the behest of petitioner, first bail application bearing No. 6576/2017 was filed but the same was dismissed as not pressed on 17th of August, 2017. 3. Arguing on the second bail application, it is submitted by learned counsel that after rejection of first bail application, there is substantial change in the circumstances inasmuch as, upon completion of investigation, charge-sheet in the matter has been filed. Elaborating his submission, in this regard, learned counsel would contend that during trial five witnesses have been examined. While referring to the statement of prosecutrix P.W.3, learned counsel submits that though she has made an attempt to castigate petitioner for commission of rape but a cumulative reading of her statement makes it abundantly clear that her testimony is not inspiring confidence. Learned counsel further submits that other witnesses P.W.3 Geeta, P.W.4 Mukesh and P.W.5 Durga, who allegedly accompanied the prosecutrix just before the incident of rape, have not corroborated the story of prosecutrix. It is also argued that all these witnesses have turned hostile and completely repudiated the theory of rape. Learned counsel further submits that as per medical report, there is no mark of external violence or internal injury to the prosecutrix. Lastly, learned counsel submits that petitioner is in custody since 4th of July 2017 and the prosecution has cited twenty-one witnesses, as such, completion of trial is not offing in near future, therefore, he may be enlarged on bail. 4. Learned Public Prosecutor has opposed second bail application. 5. I have bestowed my consideration to the arguments and materials available on record. 6. Having regard to the facts and circumstances of the case and taking note of the material change in the circumstances sought to be canvassed by learned counsel for the petitioner, I feel persuaded to accept this second bail application. 7. Accordingly, this second bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner, Kishandas S/o Chana Das @ Chuna Das Rangaswami, arrested in connection with F.I.R. No. 178/2017 of Police Station Mandal, District Bhilwara, may be released on bail; provided he furnishes a personal bond of Rs. 7. Accordingly, this second bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner, Kishandas S/o Chana Das @ Chuna Das Rangaswami, arrested in connection with F.I.R. No. 178/2017 of Police Station Mandal, District Bhilwara, may be released on bail; provided he furnishes a personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each to the satisfaction of learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.