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Judgment
18 paragraphs · 336 wordsJ. P. Gupta, J
This is the first bail application under Section 439 of the Code of Criminal Procedure, 1973 filed for grant of bail to the applicant who has been
arrested on 14/11/2020 in connection with Crime No.234/2020 for offences registered under Sections 343, 376(2)(n), 506 of IPC, police station
Bhangarh, District Sagar.
Allegation against the applicant/accused is that he committed repeated rape with the prosecutrix and also kept her under threat to kill her and kidnap
her other sisters.
Learned counsel for the applicant submitted that applicant is in custody since 14/11/2020. Charge sheet has been filed and trial will take time. The
prosecutrix is divorcee lady. The prosecutrix and applicant have intimacy to each other and lived long time with each other and sexual intercourse has
taken place with her consent. In the circumstance, it can't be said that the applicant has committed any offence. Apart from it, the applicant has no
criminal antecedent and there is no likelihood of the applicant absconding or tampering with the evidence and the applicant's custodial trial is not
warranted. Hence, learned counsel for the applicant has prayed that the applicant/accused be released on bail.
Learned PL for the respondent/State has opposed the application and prayed for its rejection.
Having considered the fact that the prosecutrix has remained near about 14 days with the applicant with her consent, in view of this Court the
applicant is entitled to get benefit of bail. Hence this application is allowed without commenting anything on the merits of the case. It is ordered that
the applicant Awtar Singh be released on bail on his furnishing a personal bond for the sum of Rs.40,000/- (Rs.Fourty Thousand only) with a solvent
surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this
regard during trial and for complying with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C
Certified copy as per rules.