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Judgment
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.297/2020
registered at Police Station Murlipura, District Jaipur for the offence under Section(s) 376, 506 IPC.
It is contended by learned counsel for the petitioner that he has falsely been implicated in this case wherein FIR has been lodged with inordinate
delay of about 3 years by a married lady aged 34 years. He submitted that there has been no recovery of obscene material from possession of the
petitioner. He submitted that the petitioner is in custody since 17.10.2020, charge-sheet has been filed, trial of the case will take time, he has no
criminal antecedents and prayed for his release on bail.
Learned Public Prosecutor assisted by counsel for the complainant opposing the bail application submitted that there is grave allegation against the
petitioner of subjecting the prosecutrix to rape and blackmailing by taking her naked photo and hence, the petitioner does not deserve indulgence of
bail.
Taking into consideration the submissions advanced by learned counsels for the respective parties, the nature of allegations against the petitioner, his
length of custody, filing of charge-sheet, absence of criminal antecedents and the material available in the case diary; but, without expressing any
opinion on the merits of the case, this court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the bail application is allowed and it is directed that accused-petitioner Mayank Gothwal @ Dablu S/o Begaram Gothwal shall be
released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a
personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only)
each to the satisfaction of the trial court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.