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2022 Supreme(Raj) 2071
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Muni Ram Nayak – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 1739 of 2022
Decided On : 11-03-2022
Act Referred
INDIAN PENAL CODE : S.363, S.366(a)
Headnote
Bail - Offences under Sections 363, 366-a of IPC - The court granted bail to the accused-petitioner based on the facts and circumstances of the case without commenting on the merits of the case.
Fact of the Case:
The petitioner was arrested for offences under Sections 363, 366-a of IPC. The petitioner argued that the prosecutrix went with him out of her own free will and solemnized marriage with him in a temple.
Finding of the Court:
The court deemed it just and proper to release the petitioner on bail, considering the facts and circumstances of the case without commenting on the merits of the case.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: The court considered the facts and circumstances of the case and granted bail to the accused-petitioner without commenting on the merits of the case.
Final Decision: The bail application under Section 439 Cr.P.C. is allowed, and the accused-petitioner is ordered to be enlarged on bail upon furnishing a personal bond and sureties.
Sunil Vishnoi, Advocate, Laxman Solanki, Advocate
JUDGMENT
Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No.01/2022, Police Station Nokha, District Bikaner for the offences under Sections 363, 366-a of IPC.
2. Learned counsel for the petitioner submits that according to the statement of the prosecutrix recorded under Section 164 Cr.P.C., she went with the petitioner out of her own free will and roamed with the petitioner at many places. Prosecutrix further submits that she solemnized marriage with the petitioner in a temple. The petitioner is in judicial custody and the trial of the case will take sufficient long time. Therefore, the benefit of bail should be granted to the accused-petitioner.
3. Learned Public Prosecutor has opposed the bail application.
4. I have considered the arguments advanced before me and gone through the material available on record.
5. 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.
6. accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Muni Ram Nayak S/o Ramrakh, shall be enlarged on bail in F.I.R. No.01/2022, Police Station Nokha, District Bikaner 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.
