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Judgment
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
The instant bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioner who is in custody in connection with F.I.R. No.296/2015, registered at Police Station Kudi Bhagtasani, Jodhpur for the offences under Sections 452, 323, 354, 384, 376(D), 450 and 394 IPC.
The prosecutrix Smt.S has been examined at the trial. In her Parcha Bayan Ex.P/1, she specifically mentioned that the accused did not subject her to rape. The Parcha Bayan was given with the simple allegations of beating and theft. Upon being examined under Section 164 Cr.P.C., the prosecutrix attributed the allegation of rape to the petitioner and co-accused Ajay Nath. In her sworn testimony, the allegation of rape has been given up to the extent of accused Ajay Nath who has since been enlarged on bail.
In this background and having regard to the facts and circumstances available on record but without expressing any opinion on the merits of the case, this Court is of the opinion that the petitioner deserves to be released on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Raju Nath arrested in connection with the F.I.R. No.296/2015, registered at Police Station Kudi Bhagtasani, Jodhpur shall be released on bail provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- 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.