Vicky @ Boby @ Vishal Son Of Shri Rajesh vs. State Of Rajasthan

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 5301/2022

Vicky @ Boby @ Vishal Son Of Shri Rajesh, Aged About 22 Years, Resident Of Mohalla Karigaran, Near Chandpole Gate, Ward No. 20, Sikar Tehsil And District Sikar (Rajasthan) ( At Present Accused Confined In District Jail Sikar)

----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Amit Singh Shekhawat For Respondent(s) : Mr. Ramesh Choudhary, PP

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

07/04/2022

This bail application has been filed under Section 439 of Cr.P.C. in connection with FIR No. 147/2022 registered at Police Station Kotwali, District Sikar for the offences under Sections 376 & 457 of IPC.

It is submitted by learned counsel for the petitioner that as per FIR, an unknown person has committed rape with the prosecutrix. The prosecutrix is 52 years of age, whereas, the petitioner is 23 years of age. The petitioner is behind the bars since long and charge-sheet has been filed. The petitioner has no criminal antecedents. As per medical report of the prosecutrix, no injury has been found on her body or private parts. Hence, the accused-petitioner may be released on bail.

Learned Public Prosecutor has opposed the bail application.

Heard and perused the material available on record.

Considering the submissions made by learned counsel for the petitioner and taking into consideration overall facts and circumstances of the case but without expressing any opinion on the merits/demerits of the case, this court deems it just and proper to enlarge the petitioner on bail.

Accordingly, the bail application under Section 439 of Cr.P.C. is allowed and it is ordered that the accused-petitioner Vicky @ Boby @ Vishal Son Of Shri Rajesh 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

PAYAL/101