Devi Lal Atmaz vs State Of Rajasthan

Arun Bhansali, J

Heard learned counsel for the parties. Perused the material available on record.

The present 3rd bail application has been filed under Section 439 Cr.P.C. on behalf of the applicant, who is in custody in connection with FIR No.114/2021, P.S. Raipura, District Bhilwara, for the offences under Sections 307, 323, 342 and 376 of IPC.

It is submitted by learned counsel for the applicant that there are no allegations of previous enmity, the complainant did not know the applicant from before, however, claimed that she can recognize the applicant, however, no identification parade has been held.

Further submissions have been made that the recovery of spanner, which is alleged to have been used for attacking the complainant is also not indicated as bloodstained and that though Section 376 IPC has been added, there are no allegation of committing rape by the complaint. It is submitted that challan has already been filed. The trial is likely to take time. The applicant is behind the bars since 4.4.2021, therefore, the applicant may be enlarged on bail.

Learned Public Prosecutor opposed the bail application.

In the circumstances of the case, without expressing any opinion on the merits of the case, this Court is of the opinion that the bail application filed by the applicant deserves to be accepted.

Consequently, the 3rd bail application is allowed. It is ordered that the accused-applicant - Devi Lal Atmaz S/o Jagdish Chandra Teli arrested in connection with FIR No.114/2021, P.S. Raipura, District Bhilwara, shall be released on bail; provided he furnish a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.