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VINOD v STATE - CRLMB Case No. 1724 of 2007  RD-RJ 2389 (1 May 2007)
S.B.Cr.Misc. Second Bail Appl. No.1724/2007
(Vinod vs. State of Rajasthan)
Date of order : May 01, 2007
Mr.P.S.Chundawat, for the petitioner.
Mr.B.L.Tiwari,, Public Prosecutor.
Heard learned counsel for the petitioner and the Public
Prosecutor for the State.
Learned counsel for the petitioner submits that after rejecting the earlier bail application, the statements of the prosecutrix PW.10 have been recorded by the trial court and the accused viz. Rajan against whom the allegation of rape was initially levelled, but she did not state on oath before the trial court, has been granted bail by this Court vide order dt. 17.4.2007.
I have carefully gone through the statements of the prosecutrix PW.10 recorded by the trial court. The prosecutrix has not supported the prosecution case.
Having considered the totality of facts and circumstances of the case and taking into account the oral arguments advanced by both the parties, I think it just and proper to enlarge the accused petitioner on bail.
Accordingly, this bail application filed under Sec. 439
Cr.P.C. is allowed and it is directed that petitioner Vinod s/o
Gautam Patidar be released on bail in FIR No.198/2006, P.S.
Dhambola, Distt. Dungarpur provided he furnishes a personal bond in a sum of Rs.20,000/- with two sound and solvent sureties in the sum of Rs.10,000/- 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.
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