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2003 (1) Crimes 652
RAJASTHAN HIGH COURT
Harbans Lal, J.
Ashok Kumar -Petitioner
versus
State of Rajasthan – Respondent
S.B. Criminal Misc. Bail Application
No. 5562/2002
Decided on 29-1-2002
Counsel for the parties:
For the Petitioner:Mr. Shailendra Balwada. Advocate.
For the Respondent: Mr. B.M. Sharma, P.P.
Headnote:Criminal Procedure Code, 1973 - Section 439. - Petitioner facing trial for offences under Sections 366, 376(2)(g) and 368 IPC - Plea for bail. - In facts and circumstances keeping in view statement of prosecutrix petitioner found entitled to ban. (Paras 3 & 4)
Result: Application allowed.
JUDGMENT
Harbans Lal. J.- This bail application under Section 439 Cr. P.C. has been filed on behalf of the petitioner Ashok Kumar who is facing -trial along With others on the charges for the offences under Sections 366. 376(2)g. and 368 IPC in Sessions Case No. 4/2002 before the learned Addl. Sessions Judge (Fast Track) Behror, District Alwar.
2. I have heard learned counsel for the petitioner and the learned P.P. on behalf of the State and have perused the papers placed - before me and also the statement of the prosecutrix Santosh recorded during the trial.
3. Having considered the submissions made at the bar and upon a perusal of the papers placed before me and considering all the facts and circumstances of the case and Without expressing any opinion on the merits of the case at this stage but keeping in view the statement of the prosecutrix. I deem it just and proper to enlarge the petitioner on bail.
4. In the result the bail application is allowed and it is directed that the accused applicant Ashok Kumar son of Harish Chand shall be released on bail on his furnishing a personal bond in the sum of Rs. 20.000/- together With one surety in the like amount to the satisfaction of the trial court: for his appearance before that court on each and every date of hearing until conclusion of the trial.
Application allowed.
