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Judgment
In the wake of second surge in the COVID-19 cases, the Court is functioning virtually and abundant caution is being maintained for the safety of all
concerned.
This Court perused the material available on record.
The petitioner has been arrested in connection with FIR No.375/2020 of Police Station Merta City, District Nagaur for the offences punishable under
Sections 342, 323, 377, 384 & 120-B of IPC and Section 67A of IT Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has drawn the attention of this Court towards the statement of victim rendered under Section 161 Cr.P.C., in which,
he has not been able to explain as to what was the cause of delay of more than 15 days in lodging the FIR.
He further submits that charge sheet in this case has already been filed.
Learned Public Prosecutor opposed the bail application.
Apart from the unexplained delay in lodging the FIR, this Court also finds that the information given by the victim to his father and his wife also does
not induce confidence of this Court so as to continue the custody of the petitioner in this case at this stage.
Thus, having regard to the totality of the facts and circumstances of the case as also the fact that the charge sheet in this case has already been filed
and conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and
proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Vijay Raj S/o Shri Nanga Ram shall be
released on bail in connection with FIR No.375/2020 of Police Station Merta City, District Nagaur provided he executes a personal bond in a sum of
Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- 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.