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2019 DIGILAW 895 (RAJ)

Fotu @ Subhash v. State of Rajasthan Through PP, Raj.

2019-03-25

SANJEEV PRAKASH SHARMA

body2019
JUDGMENT 1. This second criminal bail application as criminal appeal has been filed seeking release of the appellant Fotu @ Subhash who has been arrested for the offence under Secs.376 (D) IPC read with Sec. 3(1)(W), 5(v) of SC/ST Act and Sec. 67, 67(A) of IT Act. 2. Counsel for the appellant submits that the first bail application was withdrawn at this stage on 27.6.2018 and thereafter statement of prosecutrix has been recorded and the prosecutrix has been declared hostile so far appellant Fotu @ Subhash is concerned. 3. Counsel appearing for the State submits that the fact of prosecutrix having been declared hostile as against the appellant Fotu @ Subhash would be examined during the trial. 4. Heard counsel for the appellant as also the Public Prosecutor appearing for the State and carefully scanned the relevant material made available on record. 5. Taking into consideration the aforesaid facts and without commenting any opinion on the merits and demerits of the case, I deem it just and proper to enlarge the appellant on bail. 6. Accordingly, this second bail application is allowed and it is directed that accused appellant Fotu @ Subhash S/o Bhawa shall be released on bail in connection with aforesaaid FIR provided he furnishes a person bond of Rs. 20,000/- with two sureties in the like amount to the satisfaction of the concerned Magistrate with the stipulation that he shall comply with all the conditions laid down under Sec. 437(3) Cr.P.C.