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
