Amra Ram vs State of Rajasthan

Chatra Ram, V.J.

This bail application u/s 439 Cr.P.C. has been filed on behalf of petitioner against whom investigation is pending for the offences u/s 376 I.P.C. in FIR No. 150/06 P.S. Mahesh Nagar, Jaipur.

Learned Counsel for the petitioner states that the prosecutrix is sister-in-law of petitioner who is 35 years of age. According to her affidavit dated 29.5.2006 and statement u/s 164 Cr.P.C, the petitioner committed rape with her consent and thus, it cannot be a case of rape and the trial will take time so the petitioner may be released on bail.

I have heard learned Counsel for petitioner, learned P.P. on behalf of the State and have also perused the relevant documents placed before me.

Without expressing any opinion on the merits of the case but taking into consideration the submissions made at the bar, the materials on record and all other facts and circumstances of the case. I deem it just and proper to enlarge the petitioner on bail.

In the result, this bail application is allowed and it is directed that petitioner Amra Ram S/o Shri Ladhu Ram be released on bail on his furnishing a personal bond in the sum of Rs. 20,000/- together with two sureties in the amount of Rs. 10,000/- each, to the satisfaction of the trial Court for his appearance before that Court on each and every date of hearing until conclusion of trial.