Chaina Ram S/o Dudaram vs State of Rajasthan

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the challan papers.

The instant bail application under Section 439 Cr.P.C. has

been preferred on behalf of the petitioner who is in custody in

connection with F.I.R. No.145/2016, registered at Police Station

Chitawa for the offences under Sections 366 and 376 IPC.

The victim is a major girl. A missing person''s report was

lodged by the father of the victim in connection whereof, the

victim was traced out and her statement was recorded on

21.7.2016. In such statement, she clearly alleged that she

voluntarily left her parent''s home who were trying to marry her off

against her wishes. She contacted the petitioner and contracted

marriage with him with her own free will. The marriage was also

been registered. Later on, the FIR came to be filed and during the

course of investigation, when the prosecutrix was examined under

Section 164 Cr.P.C., she levelled an allegation that the petitioner

subjected her to rape under threat of disclosing her recordings.

Having regard to the facts and circumstances available on

record but without expressing any opinion on the merits of the

case, this Court is of the opinion that the petitioner deserves to be

released on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is directed that the petitioner Chaina Ram arrested

in connection with the F.I.R. No.145/2016, registered at Police

Station Chitawa 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.