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2023 DIGILAW 173 (RAJ)

Rakesh v. State of Rajasthan

2023-01-13

MAHENDAR KUMAR GOYAL

body2023
ORDER : Mr. Mahendar Kumar Goyal, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.227/2022 registered at Police Station Mandhan, District Alwar (Police District Bhiwadi) for the offence under Section 376 IPC and later on for the offence under Section 376(2)(n) IPC. 2. Learned counsel for the petitioner submits that he has falsely been implicated in this case wherein, the FIR has been lodged by a major married lady of 24 years of age after a delay of more than two and half years from the date of alleged offence. Inviting attention of this Court towards the statement recorded under Section 164 Cr.P.C., he submits that no reason has been assigned for inordinate delay in lodging the FIR. He submits that the petitioner is in custody since 08.11.2022, charge sheet has been filed, trial of the case will take time, he has no criminal antecedents and prays for his release on bail. 3. Learned Public Prosecutor has opposed the bail application. 4. Taking into consideration the contentions advanced by learned counsel for the petitioner, the nature of allegations against him, the material contained in the charge sheet especially, inordinate delay in lodging the FIR, statement of the prosecutrix recorded under Section 164 Cr.P.C., his length of custody, absence of criminal antecedents and the fact that trial of the case may take time; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail. 5. Accordingly, the bail application is allowed and it is directed that accused-petitioner Rakesh Son Of Vishram shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.