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RAJU @ DULI v STATE OF RAJ. - CRLMB Case No. 3562 of 2007 [2007] RD-RJ 4493 (11 September 2007)

S.B.Cr.Misc. IInd Bail App. No.3562/2007

(Raju alias Duli vs. State of Rajasthan)

Date of order : September 11, 2007


Mr.I.R.Choudhary, for the petitioner.

Mr.Vishal Raj Mehta, Public Prosecutor.

Heard learned counsel for the petitioner and the Public

Prosecutor for the State. Perused the order impugned.

This is second bail application filed by the petitioner.

It appears that the first bail application came to be dismissed on 13.7.2007 for non-prosecution since no one appeared for the petitioner. The merit has not been considered while dismissing the first bail application.

I have carefully gone through the statement of the prosecutrix, who categorically stated that she fell in love with the petitioner and decided to marry with him. Thus, she herself states that she voluntarily went to the petitioner in order to marry with him.

Be that as it may, without commenting on the merit of the case, which may prejudice the case of either party at the trial, having regard to the facts and circumstances of the case and keeping in view the statement of the prosecutrix, I consider it just and proper to enlarge the accused petitioner on bail.

Accordingly, the bail application filed under Sec. 439

Cr.P.C. is allowed and it is directed that petitioner Raju alias Duli s/o Anda Ram be released on bail in FIR No.119/2007, P.S.

Sursagar, 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.

(H.R.PANWAR),J. m.asif/-


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