Aslam @ Babu vs State Of Rajasthan

Kuldeep Mathur, J

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No.95/2022, Police Station Khinwara, District Pali, for the offences punishable under Sections 376(2)(N), 366, 323, 384 and 120-B of the IPC.

Learned counsel for the petitioner submits that the prosecutrix remained in the company of the accused-petitioner for more than two months out of her own free will and in the meantime she solemnized marriage with the petitioner. If anything happened, it was with the consent of the prosecutrix. The petitioner is an innocent person and has falsely been implicated in this case. The petitioner is in judicial custody since 05.07.2022 and trial of the case will take sufficiently long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor and learned counsel for the complainant have opposed the bail application.

I have considered the arguments advanced before me and gone through the material available on record.

Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Aslam @ Babu shall be enlarged on bail in F.I.R. No.95/2022, Police Station Khinwara, District Pali provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.