Azad Ali vs State Of Rajasthan

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in relation to F.I.R. No.78/2020,

Police Station Rajaldesar, District Churu, for the offences under Sections 363 and 366 of IPC.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

The petitioner has been chargesheeted in this case for the offences under Section 363, 366, 343 and Section 376(2)(n) of the IPC.

The prosecutrix Mst. 'P' was married to Amin. She disappeared from her matrimonial home on 12.06.2020 on which, her mother-in-law Kamla Bano

lodged an FIR No.84/2020 at the Police Station Rajaldesar, wherein, allegations are levelled that the prosecutrix of the present case took away the

valuables from the matrimonial home and disappeared. It was also alleged that on 18.06.2020, the prosecutrix came back to the matrimonial home with

her relatives and started assaulting the inmates and threat was also extended that she would implicate the matrimonial family relatives in criminal

cases.

Shri Solanki makes a statement at bar that investigation has been culminated and chargesheet has been filed in the FIR No.84/2020. In the case at

hand, the FIR No.78/2020 came to be registered for the offences under Sections 363 and 366 IPC on the basis of a written report submitted by Shri

Khairdeen, father of the prosecutrix, wherein, it was alleged that he received an information from the brother-in-law of Mst. 'P' that she was missing

from the matrimonial home with her seven years old son. The prosecutrix was traced out during the course of investigation and her statements were

recorded under Sections 161 and 164 Cr.P.C. In her statement under Section 161 Cr.P.C., she alleged that she was married to Amin about eight years

ago and that her husband was living abroad for about last one year. She got a call from some unknown person about 3-4 months ago. The man than

started talking to her regularly. She had gone to her matrimonial grandparents' house where she came into contact with the present petitioner who

elaborated that the person with whom she was talking to was none other than he himself. She also stated that her mother-in-law used to torture her on

one ground or the other. Being perturbed, she along with her son left the matrimonial home on 11.06.2020 and was proceeding to her father's house.

She saw that Azad was standing on the way. He asked her where she was going and offered that he would drop her at her father's house. She was

taken to Ganganagar, where, Azad took a house on rent. There she and her child were confined and Azad continuously subjected her to rape for these

days. Similar statement was given by the prosecutrix under Section 161 Cr.P.C.

Having regards to the facts and circumstances indicated above and the photographs placed on record of the bail application showing intimacy of the

prosecutrix and the petitioner, this Court is of the opinion that the petitioner deserves to be enlarged on bail.

Consequently, the bail application is allowed. It is ordered that the accused-petitioner namely Azad Ali S/o Umarddin arrested in connection with

F.I.R. No. 78/2020, Police Station Rajaldesar, District Churu shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- and two

surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and

as and when called upon to do so.