Granting bail based on the denial of the incident of rape by the prosecutrix and the likelihood of prolonged proceedings.

Headnote:
Bail - Criminal Law - The court granted bail to the accused petitioner under Section 439 Cr.P.C. based on the denial of the incident of rape by the prosecutrix during cross-examination and the likelihood of prolonged proceedings.
Fact of the Case:

The petitioner was arrested for offences under Sections 450, 376, 384, 506 IPC and filed a second bail application after the first one was dismissed.
Finding of the Court:

The court granted bail to the accused petitioner under Section 439 Cr.P.C. considering the denial of the incident of rape by the prosecutrix and the likelihood of prolonged proceedings.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: Granting bail based on the denial of the incident of rape by the prosecutrix during cross-examination and the likelihood of prolonged proceedings.
Final Decision: The second bail application filed under Section 439 Cr.P.C. is allowed, and the accused petitioner is directed to be released on bail upon fulfilling certain conditions.

JUDGMENT

Dr. Pushpendra Singh Bhati, J. - This Court has perused the material available on record.

2. The petitioner has been arrested in FIR No.294/2021 of Police Station Raipur, District Pali for the offences punishable under Sections 450, 376, 384, 506 IPC. He has preferred this bail second application under Section 439 Cr.P.C.

3. Counsel for the petitioner submits that the first bail application was dismissed as not pressed on 22.11.2021 by this Court with liberty to file afresh after recording the statement of the prosecutrix. Learned counsel for the petitioner has shown from the cross-examination of the prosecutrix that she has absolutely denied any incident of rape having taken place with her. Therefore, it is prayed that the petitioner may be released on bail.

4. Learned Public Prosecutor opposes the second bail application.

5. Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

6. accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Hukam Singh S/o Gom Singh shall be released on bail in connection with FIR No.294/2021 of Police Station Raipur, District Pali provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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