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1988 Supreme(Raj) 514

RAJASTHAN HIGH COURT AT JAIPUR BENCH
V.S.Dave, J.
Girdhar Singh S/o Umaid Singh - Appellant
Versus
State - Respondent
S.B. Cr. Misc. Bail Appln. No. 671 of 1988.
Decided On : 22-04-1988

The court's decision was influenced by the medical evidence, highlighting the importance of medical reports in bail applications.

Headnote:

Bail - Medical Evidence - Summary: The court granted bail to the accused after considering the medical injury report, which showed no injury on the prosecutrix and intact hymen, leading to the decision to accept the bail application.

Fact of the Case:

The medical injury report showed no injury on the prosecutrix and intact hymen, leading to the grant of bail to the accused.

Finding of the Court:

The court granted bail to the accused based on the medical injury report and directed the accused to furnish a personal bond and sureties.

Issues: The issue revolved around the medical evidence and its impact on the bail application.

Ratio Decidendi: The decision to grant bail was influenced by the medical evidence showing no injury on the prosecutrix and intact hymen.

Final Decision: Bail was granted to the accused with the requirement to furnish a personal bond and sureties.

JUDGMENT

1. - I have perused the challan papers case as given in the FIR has been conned down subsequently after obtaining the medical injury report which shows neither any Injury on the person of the prosecutrix nor the hymen rapture who found on the contrary it has been found to be intact. In these circumstances, I am inclined to accept this bail application.

2. It is, therefore, directed that accused-petitioner Girdhar Singh shall be released on bail provided he furnishes a personal bond in the sum of Rs. 10,000/- (Rupees ten thousand) with two sureties in the amount of Rs. 5000/. each to the satisfaction of the trial court with the stipulation to appear in that court as and when called upon to do so during the pendency of the trial against him in this case.Bail granted.

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