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Rajasthan High Court · body

2019 DIGILAW 638 (RAJ)

Saif Ali v. State, Through PP

2019-02-22

VIJAY BISHNOI

body2019
JUDGMENT 1. Heard learned counsel for the petitioners uncle, present in person as well as learned Public Prosecutor and also perused the material on record. 2. The petitioners have been arrested in FIR No. 01/2019 of Police Station Sadar, Nagaur for the offences punishable under Section 376 (2) of IPC. They have preferred this bail application under Section 439 Cr.P.C. 3. It is submitted that prosecutrix PW-1-T and her mother PW- 3- Sabra and father PW-4 Mustak have not supported the prosecution story and turned hostile. It is argued that in view of the fact that prosecution and other important witnesses have not supported the prosecution story and turned hostile, it is very difficult for the prosecution to prove the guilt of the petitioners. 4. Learned Public Prosecutor has opposed the bail application. 5. 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 petitioners under Section 439 Cr.P.C. 6. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioners Saif Ali S/o Liyakat Ali and Altamash @ Faijan S/o Liyakat Ali shall be released on bail in connection with FIR No. 01/2019 of Police Station Sadar, Nagaur provided each of them 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.