Suraj Barasa @ Pintu v. State of Rajasthan Through Public Prosecutor
2019-12-16
VIJAY BISHNOI
body2019
DigiLaw.ai
JUDGMENT Vijay Bishnoi, J. - Heard learned counsel for the parties and also perused the material on record. 2. The petitioner has been arrested in FIR No.159/2019 of Police Station Nal, District Bikaner for the offences punishable under Sections 450, 376, 506 and 190 IPC. He has preferred this second bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that the prosecutrix in her statements recorded under Section 164 Cr.P.C. has clearly stated that the petitioner never did anything wrong with her, however, she has stated that her husband used to beat her and on 29.09.2019, when her husband was beating her, the petitioner tried to intervene and on account of that her husband got annoyed and pressurized her to file false complaint against the petitioner. It is submitted that the charge-sheet has been filed and the trial of the case will take time. 4. Learned Public Prosecutor has opposed the bail application. 5. Learned counsel for the complainant has submitted that the prosecutrix has filed the complaint against the petitioner under the pressure of her husband and the petitioner never did anything wrong with her. 6. Having regard to the totality of the facts and circumstances of the case and after perusing the statements of the prosecutrix recorded under Section 164 Cr.P.C., 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. 7. Accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Suraj Barasa @ Pintu S/o Raju shall be released on bail in connection with FIR No.159/2019 of Police Station Nal, District Bikaner 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.