Kapoora Ram vs State

The present 2nd bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR

No.182/2019, Police Station Takhatgarh, District Pali for the offence punishable under Sections 363,384,376 IPC.

The first bail application of the petitioner was dismissed on 28.01.2020 by this Court.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

It is submitted on behalf of the petitioner that after dismissal of the first bail application of the petitioner, the charge-sheet has been filed. He further submits that as per the statement of the prosecutrix recorded under Section 161 Cr.P.C., she has admitted the fact that she has gone with the petitioner out of her own free will and whatever was done by the petitioner with her, it was done as per her own choice. He further submits that the prosecutrix has stayed with him for nine days. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be

enlarged on bail.

Learned Public Prosecutor opposes 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 petitioner under Section 439 Cr.P.C.

Accordingly, the 2nd bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Kapoora Ram S/o Shesha Ram, shall be released on bail in connection with FIR No.182/2019, Police Station Takhatgarh, District Pali provided he furnishes a personal bond in a sum of

Rs.50,000/- (Rupees: Fifty Thousand Only) with two sound and solvent sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) 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.