AMJAD MANSURI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has been arrested in connection with FIR No. 150/2022 of Police Station Pratap Nagar, District Bhilwara for the offence punishable under Ss. 450, 451, 323, 376 of IPC. He has preferred this bail application under Sec. 439 Cr.P.C.

(2.) Learned counsel for the petitioner submits that earlier the present petitioner had filed an FIR against the husband of the prosecutrix for beating him. The petitioner was injured and he was admitted in hospital. In the said case, charge-sheet was filed against the husband of the prosecutrix. He further submits that prosecutrix is a major lady in defence of her husband lodged an FIR after considerable delay and this delay has not at all been explained by the prosecutrix. Challan of the case has already been presented and no investigation is pending. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

(3.) Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Sec. 439 Cr.P.C.