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2024 Supreme(Online)(RJ) 19141

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
JUSTICE DINESH MEHTA, J
Suresh S/o Shri Mangilal – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Zafar Khan
For the Respondents: Mr. S.K. Bhati, PP

Table of Content
1. bail application procedure and background. (Para 1 , 2)
2. victim testimony status and implications for the case. (Para 3 , 4 , 5)
3. court's decision to grant bail based on witness credibility. (Para 6 , 7 , 8)
4. advisory for the trial court's independent view. (Para 9)
ORDER

23/04/20241. The present second bail application under Section 439 of the Code of Criminal Procedure (hereinafter referred to as ‘the Code’) has been filed by the applicants, who are in custody in connection with the FIR No.552/2023 registered at Police Station Kotwali (2 of 3) [CRLMB-3033/2024]

  • Nimbahera for the offences punishable under Sections 365 and 376-D of the Indian Penal Code.

2. The first bail application (S.B. Criminal Misc. Bail Application No.582/2024) of the present applicants was dismissed as withdrawn on 01.02.2024 with a liberty to file afresh after recording of the statement of the prosecutrix. Learned counsel informed that now, the statement of the prosecutrix has been recorded.

3. Mr. Khan, learned counsel for the applicants invited Court’s attention towards the deposition of the prosecutrix recorded on 20.02.2024 and submitted that she has turned hostile.

4. Lea

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