Order

12/11/2020 These bail applications have been filed under Section 439 Cr.P.C in connection with FIR No. 647/2019 registered at Police Station Shivdaspura, District Jaipur for offences under Sections

365, 343, 341, 323, 354, 376 and 506 of IPC.

Learned counsel for the petitioner Shankarlal Meena has submitted that petitioner Shankarlal Meena is in judicial custody since 19.01.2020. Initially, the name of petitioner Shankarlal Meena was not mentioned in the FIR and the complainant has not produced even a single evidence till date against the petitioner Shankarlal Meena. Charge-sheet has already been filed. Hence, petitioner Shankarlal Meena may be enlarged on bail.

Learned counsel for the petitioner Bhola Urf Vinod has submitted that as per the statement of the complainant, only charges of kidnapping, wrongful confinement and assault are made out against the accused-petitioner Bhola urf Vinod. It is further submitted that the complainant is 22 years old and having two children. Petitioner Bhola urf Vinod is in judicial custody since January 2020. Charge-sheet has already been filed. Hence, petitioner Bhola urf Vinod may be enlarged on bail.

Learned Public Prosecutor has opposed the bail application.

So far as petitioner Shankarlal Meena is concerned, prosecutrix in her statement recorded under Sections 161 and 164 Cr.P.C. has categorically stated that petitioner Shankarlal committed rape with her. Hence, looking to the facts and circumstances and gravity of the offence but without expressing any opinion on the merits/demits of the case I deem it not proper to enlarge the petitioner Shankarlal Meena on bail. Hence, the bail application of petitioner Shankarlal is dismissed.

However, learned counsel for the petitioner Shankarlal Meena is free to move a fresh bail application after recording the statement of prosecutrix.

So far as petitioner Bhola urf Vinod is concerned, considering the statement made by learned counsel for the petitioner Bhola urf Vinod and statement of prosecutrix recorded under Sections 161 and 164 Cr.P.C. and facts and circumstances of the case but without expressing any opinion on the merits/demerits of the case, I deem it proper to enlarge the petitioner Bhola urf Vinod on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Bhola urf Vinod shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial judge for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so.

(CHANDRA KUMAR SONGARA),J

Satyendra/2-3