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Judgment
Heard learned counsel for the parties. Perused the material available on record.
The present 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.150/2020, Police Station Mahaminder, District Jodhpur, for the offences under Sections 354 ( ), 365, 376, 384 & 506 of IPC.
It is submitted by learned counsel for the petitioner that initially FIR No.105/2021 was lodged essentially under Section 354 IPC, however, on the next
date the present FIR has been lodged in relation to an incident on 10.06.2019. Submissions have been made that petitioner has produced photographs
with the prosecutrix, which clearly shows that the allegations of rape are absolutely false and fabricated. Petitioner has already been enlarged on bail
in FIR No.105/2021 and, therefore, he may be enlarged on bail.
Learned Public Prosecutor opposed the bail application. In the circumstances of the case and having gone through the case diary and the material
available therein, without expressing any opinion on the merits of the case, this Court is of the opinion that the bail application filed by the petitioner
deserves to be accepted.
Consequently, the bail application is allowed. It is ordered that the accused-petitioner - Prakash S/o Sh. Shiv Das, arrested in connection with FIR
No.150/2020, Police Station Mahaminder, District Jodhpur, 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) 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.