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Bhadar Singh & Anr vs State on 20 September, 2017

S.B. Criminal Misc. Bail No. 8483 / 2017

1. Bhadar Singh S/o Dule Singh, Aged About 26 Years, By Caste
Rajput, Resident of Bandarwala, District Bikaner (Raj.).

2. Sampatram S/o Bhojaram, Aged About 32 Years, By Caste Nai,
Resident of Village Ramda, District Bikaner (Raj.) (Presently
Lodged At Central Jail, Bikaner)

The State of Rajasthan.

For Petitioner(s) : Mr. Vineet Jain
For Respondent(s) : Mr. Deepak Choudhary, PP

Heard learned counsel for the petitioners as well as learned

Public Prosecutor and also perused the material on record.

The petitioners have been arrested in connection with FIR

No.33/2017 of Police Station Pugal, District Bikaner for the offence

punishable under Sections 447, 341, 376D IPC. They have

preferred this bail applications under Section 439 Cr.P.C.

Counsel for the petitioners submits that the prosecutrix is

major aged about 24 years. Firstly the FIR was registered for

offence under Section 354 IPC but later on the prosecutrix

changed her statement upon which the police added offence under

Section 376 IPC. Challan has already been filed in this case. The

accused-petitioners are in judicial custody. The trial of the case
(2 of 2)

will take sufficient long time to be concluded. Therefore, the

benefit of bail should be granted to the accused-petitioners.

Learned Public Prosecutor has opposed the bail application.

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

petitioners under Section 439 Cr.P.C.

Accordingly, the bail application filed under Sec.439 Cr.P.C. is

allowed and it is directed that petitioners (1) Bhadar Singh S/o

Dule Singh (2) Sampatram S/o Bhojaram shall be released on

bail in connection with FIR No.33/2017 of Police Station Pugal,

District Bikaner provided they execute a personal bond in a sum of

Rs.50,000/- with two sound and solvent sureties of Rs.25,000/-

each to the satisfaction of learned trial court for their appearance

before that court on each and every date of hearing and whenever

called upon to do so till the completion of the trial.



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