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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
PRINCIPAL SEAT, JODHPUR
ORDER
In
S.B. Cr. Misc. Bail Appl. No.3654/2009
{Govind Singh @ Gopal Singh and
Naina Ram Vs. The State of
Rajasthan}
Date of Order ::: 21 st July, 2009
PRESENT
HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN
Shri Sandeep Mehta, Counsel for petitioners
Shri Mahipal Vishnoi, PP for the State
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By the Court:
Learned counsel for petitioners does not
press bail application of petitioner No.1 Govind
Singh @ Gopal Singh at this stage and prays that a
liberty may be granted to him to file a fresh bail
application after filing of challan against him in
the case. The prayer appears to be reasonable,
hence the same is allowed. The bail application of
petitioner No.1 Govind Singh @ Gopal Singh is
dismissed as not pressed with liberty as prayed
for.
So far as petitioner No.2 Naina Ram is
concerned, it is contended on his behalf that even
as per the statement of prosecutrix, there is no
allegation of rape against him and that he is in
judicial custody since 20th June, 2009, therefore,
at-least his application for bail may be
considered. The above facts have not been disputed
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by learned Public Prosecutor on the basis of the
case-diary.
After considering the submissions of learned
counsel for the parties, examining the record and
the facts and circumstances of the case, but
without expressing any opinion on its merits and
demerits, I think it fit and proper to allow the
bail application of petitioner No.2 Naina Ram
under Section 439, Cr.P.C.
Hence, it is directed that accused-petitioner
Naina Ram S/o Saroop Ji, Resident of Verdara,
Police Station Kelwara, District Rajsamand
(presently lodged at District Jail, Rajsamand), be
released on bail under Section 439 Cr.P.C., in
F.I.R. No.83/2009, registered at Police Station
Kelwara, District Rajsamand, under Sections 366,
376 and 120-B, I.P.C., provided he furnishes a
personal bond in the sum of Rs.25,000/- (Rupees
twenty five thousand only) together with one
surety of the like amount to the satisfaction of
the trial court for his appearance on all
subsequent dates of hearing and as and when called
upon to do so.
The bail application is partly allowed, as
indicated above.
(NARENDRA KUMAR JAIN), J.
//Jaiman//