Gopi Singh vs State of Rajasthan

Sandeep Mehta, J.—Perused the averments made in the bail application and heard learned Public Prosecutor.

The present bail application has been filed by the Applicant, who is facing trial for the offence under Sections 3 and 6 of the Indecent Representation of Women (Prohibition) Act, 1986. Though the Petitioner has remained absent from trial since 30.05.2001 but looking to the grounds canvassed by the accused, before the trial Judge, one more opportunity deserves to be granted to accused for facing trial.

Having considered the totality of facts and circumstances, the bail application preferred u/s 439 Code of Criminal Procedure deserves acceptance.

Accordingly, the bail application is allowed, it is directed that Applicant Gopi Singh S/o Chattar Shal Singh, shall be released on bail in FIR No. 111/2000 at P.S. Jamsar, District Bikaner provided he executes a personal bond for a sum of Rs. 30,000/- along with two sound and solvent sureties in the sum of Rs. 15,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

However, looking to the fact of prolong absence of the accused from the trial, learned trial Judge shall take into account this prolonged absence of the accused while deciding the application u/s 446 Code of Criminal Procedure.