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HIGH COURT OF JUDICATURE FOR RAJASTHAN
MANOJ KUMAR GARG
ASWIN BERWAL – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMB/5/2023
BAIL - SECTION 376 IPC - MAJOR GIRL - DELAY IN FIR - COMPROMISE - BAIL GRANTED
Fact of the Case:
The petitioner was arrested for the offence punishable under Section 376 IPC. The prosecutrix was a major girl and the FIR was lodged after a considerable delay. A compromise was arrived at between the parties and the challan of the case had been presented.
Finding of the Court:
The court found that the petitioner was entitled to bail considering the totality of the facts and circumstances of the case, including the delay in lodging the FIR, the compromise between the parties, and the fact that the trial would take a long time to be concluded.
Issues: Whether the petitioner was entitled to bail considering the delay in lodging the FIR, the compromise between the parties, and the fact that the trial would take a long time to be concluded.
Ratio Decidendi: The court held that the petitioner was entitled to bail under Section 439 Cr.P.C. considering the totality of the facts and circumstances of the case, including the delay in lodging the FIR, the compromise between the parties, and the fact that the trial would take a long time to be concluded.
Final Decision: The court allowed the bail application and directed that the petitioner be released on bail on furnishing a personal bond and two sureties.
(1 of 2)
[CRLMB-5/2023]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5/2023
Aswin Berwal S/o Sanjay Berwal, Aged About 29 Years, R/o
Indra Colony Abu Parwat Dist. Sirohi (At Present Lodged At Sub
Jail Abu Road Dist. Sirohi Raj.)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s)
:
Mr. Sikander Khan
For Respondent(s)
:
Mr. Vikram Sharma, PP
Mr. Naved Khan Sindhi
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
04/01/2023
The petitioner has been arrested in connection with F.I.R.
No.102/2022 of Police Station Abu Parwat, District Sirohi for the
offence punishable under Section 376 IPC. He has preferred this
bail application under Section 439 Cr.P.C.
Counsel for the petitioner submits that the prosecutrix is a
major girl and FIR in this case has been lodged after a
considerable delay. Counsel further submits that compromise has
also been arrived at between the parties and challan of the case
has been presented. The accused-petitioner is in judicial custody
and the trial of the case will take sufficient long time to be
concluded. Therefore, the benefit of bail should be granted to the
accused-petitioner.
Learned counsel for the complainant concurs the fact of
compromise, however, learned Public Prosecutor has opposed the
bail application.
(2 of 2)
[CRLMB-5/2023]
Having regard to the totality of the facts and circumstances
of the case, without expressing any opinion on the merits of the
case, I deem it just and proper to grant bail to the accused
petitioner under Section 439 Cr.P.C.
Accordingly, the bail application filed under Sec.439 Cr.P.C. is
allowed and it is directed that petitioner Aswin Berwal S/o Sanjay
Berwal, shall be released on bail in connection with FIR
No.102/2022 of Police Station Abu Parwat, District Sirohi provided
he executes a personal bond in a sum of Rs.1,00,000/- with two
sound and solvent sureties of Rs.50,000/- 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.
(MANOJ KUMAR GARG),J
173-MS/-
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