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2021 DIGILAW 2327 (RAJ)

Jagmal v. State of Rajasthan

2021-12-15

MANOJ KUMAR GARG

body2021
JUDGMENT Manoj Kumar Garg, J. - This is the second bail application under Section 439 Cr.P.C. The petitioner was arrested in connection with FIR No.118/2021, Police Station Suhagpura, Distt. Pratapgarh for the offence under Sections 450, 376(1) of IPC. 2. The first bail application of the petitioner was dismissed as withdrawn vide order dt. 23.11.2021 with liberty to file fresh bail application after filing of the challan. 3. Learned counsel for the petitioner submits that the FIR was lodged after about three months of the incident. No explanation for this delay has been given by the prosecutrix. If anything happened, it was with the consent of the prosecutrix. Now, challan of the case has already been presented. The petitioner is in judicial custody and the trial of the case will take sufficient long time. Therefore, the benefit of bail may be granted to the accused-petitioner. 4. Learned Public Prosecutor has opposed the bail application. 5. I have considered the arguments advanced before me and gone through the material available on record. 6. Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail. 7. Accordingly, the second bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Jagmal S/o Shri Shantilal shall be enlarged on bail in FIR No.118/2021, Police Station Suhagpura, Distt. Pratapgarh provided he furnishes a personal bond in the sum of Rs.1,00,000/-with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.