Chandra Ram @ Chandra Prakash vs State Of Rajasthan

Kuldeep Mathur, J

This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.62/2023 registered at Police Station Bishangarh, District Jalore, for offences under Sections 366 and 376 IPC.

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

Learned counsel for the petitioner submitted that the prosecutrix who is a mature married woman has falsely implicated the present petitioner in the present case. Learned counsel submitted that as per the FIR, the prosecutrix was in regular contact with the present petitioner through her mobile. Learned counsel submitted that the prosecutrix in the FIR, has stated that on 11.04.2023, she voluntarily left her matrimonial house and went to Bishangarh where the petitioner was staying. Learned counsel submitted that from the FIR, it is also evident that after reaching Bishangarh, the prosecutrix stayed with the present petitioner in a hotel.

Learned counsel submitted that in view of the fact that the prosecutrix voluntarily left her matrimonial house to stay with the present petitioner at Bishangarh, the allegations levelled by her in the FIR are clearly false and have been levelled only with a view to rope the petitioner in a false case. Learned counsel submitted that challan has been filed and the trial of the case is likely to consume sufficiently long time.

On these grounds, he implored the Court to enlarge the petitioner on bail.

Per contra, learned Public Prosecutor has opposed the bail application.

Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Chandra Ram @ Chandra Prakash S/o Babu Lal arrested in connection with F.I.R. No.62/2023 registered at Police Station Bishangarh, District Jalore, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every dateof hearing and whenever called upon to do so till completion of the trial.