Ajay Kumar vs State Of Rajasthan

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 188/2020 registered

at Police Station Dooni, District Tonk for the offence under Section(s) 363, 366 of IPC and later on for the offence under Section(s) 366, 376(2)(N) of

IPC.

It is contended by the learned counsel for the petitioner that the prosecutrix, a major girl of 23 years, has gone with the petitioner out of her free

volition. He submitted that allegation of rape levelled by her in her statement recorded under Section 164 Cr.P.C. is totally unbelievable inasmuch as

she has accompanied the petitioner from her residence to his residence which is at a distance of about 70 Kms. on Scooty without raising any alarm

and she did not raise any alarm for a period of more than 15 days while she has resided with the petitioner at his home alongwith his family members.

He submitted that the petitioner is in custody since 22.08.2020, charge sheet has been filed, trial of the case will take time, he has no criminal

antecedents and prayed for his release on bail.

Learned Public Prosecutor has opposed the bail application. Taking into consideration the submissions advanced by learned counsel for the petitioner,

the nature of allegation against him, his length of custody, absence of criminal antecedents and the material available in the charge sheet; but, without

expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail.

Accordingly, the bail application is allowed and it is directed that accused-petitioner Ajay Kumar Son Of Late Sh. Banshi Lal shall be released on bail

under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in

the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the

satisfaction of the trial Court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.