SHIVJI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE first bail application in this case was rejected on 4th June 1992. THE second bail application was filed on 3rd July 1992. Mr. Dixit submitted that at the time when the first bail application was rejected, the case diary was not available. It is also submitted that the challan has already been filed in this case.

(2.) IT is alleged that the rape was committed at about 2.00 A.M. in the night and even, thereafter, the prosecutrix as well as her husband and Devar who were already accompanied by her, travelled in the same truck in which the accused petitioner was travelling and in which the prosecutrix as well as her husband and Devar had boarded-in-the morning of a day earlier to the accident. The accused petitioner is in jail since April 1992. In the facts and circumstances of this case I am inclined to accept this bail application under section 439, Cr.P.C. and it is ordered that accused petitioner Shivji Ram be released on bail provided he furnishes it personal bond in the sum of Rs. 10,000/- together with two sureties in the sum of Rs. 5,000/- each to the satisfaction of the trial court to appear before that court whenever, he is called upon to do so. Application allowed.