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Kanhaiya Lal vs State Of Rajasthan Through Pp on 6 March, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail No. 1551/2018

Kanhaiya Lal S/o Jagannath B/c Bairwa, R/o Napaheda
(Nayagaon Rampuria) Police Station Sultanpur Distt. Kota. (At
Present In Central Jail Kota)
—-Petitioner
Versus
State Of Rajasthan Through P.p.
—-Respondent

For Petitioner(s) : Mr. Mukesh Sharma
For Respondent(s) : Mr. Sudesh Saini PP.

HON’BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

06/03/2018

1. Petitioner has filed this bail application under Section 439

Cr.P.C.

2. F.I.R. No 318/2017 was registered at Police Station

Sultanpur, Kota Rural for offence under Sections 354 I.P.C. and

later on Section 376 IPC was also added.

3. It is contended by counsel for the petitioner that the

prosecutrix in this case is aged 25 years. In the FIR, there is

allegation of outraging modesty. In her statement under Section

161 Cr.P.C. also the allegation was with regard to outraging

modesty but in statement under Section 164 Cr.P.C., the allegation

of rape has been levelled.

4. It is also contended that charge-sheet has been filed. Trial

would consume time.

(2 of 2) [CRLMB-1551/2018]

5. Learned Public Prosecutor has opposed the bail application.

6. Considering the contentions put forth by counsel for the

petitioner, I deem it proper to allow the bail application.

7. This bail application is, accordingly, allowed and it is directed

that accused-petitioner shall be released on bail provided he

furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty

thousand) together with two sureties in the sum of Rs.25,000/-

(Rupees twenty five thousand) each to the satisfaction of the trial

Court with the stipulation that he shall appear before that Court

and any Court to which the matter be transferred, on all

subsequent dates of hearing and as and when called upon to do

so.

(PANKAJ BHANDARI),J

Seema/21

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