SUNDARDAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present second bail application has been filed under Sec. 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.395/2021 Police Station Pratapnagar, District Jodhpur for the offence punishable under Ss. 376(2)(N), 376-D, 384, 504, 506 IPC and Sec. 67-A of the Information Technology Act. The first bail application was dismissed vide order dtd. 10/11/2021 by which the liberty was granted to the petitioner to file afresh after filing of the challan.

(2.) Counsel for the petitioner submits that the charges have been framed against the petitioner for offences under Ss. 384, 504 & 506 IPC as well as Sec. 67-A of IT Act. Counsel further submits that similarly situated co-accused Shrawan Kumar has already been enlarged on bail and the case of the present petitioner is similar to that of the co-accused. 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 as well as counsel for the complainant vehemently opposed the bail application.