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Judgment
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
The present bail application has been filed under Section 439
Cr.P.C. on behalf of the petitioner, who is in custody in connection
with F.I.R. No.64/2016, Police Station Jaswantgarh, District
Nagaur for the offences under Sections 323, 341, 366, 376, 149,
212 and 120B IPC.
Counsel for the petitioner contends that the prosecutrix and
the petitioner belong to the same community and both are
majors. The prosecutrix went away with the petitioner on
11.5.2016 and travelled with him through thickly populated places
without any protest whatsoever. He urges that it is a clear case of
consensual relations between the two majors and thus, the
petitioner deserves to be granted bail.
Learned P.P. vehemently opposes the submissions advanced
by the petitioner''s counsel.
Having regard to the entirety of facts and circumstances as
available on record and upon a consideration of the arguments
advanced at the Bar but without expressing any opinion on the
merits of the case, this Court is of the opinion that the bail
application filed by the petitioner deserves to be accepted.
Consequently, the bail application is allowed. It is ordered
that the accused-petitioner, Deepak Nat arrested in connection
with F.I.R. No.64/2016, Police Station Jaswantgarh, District
Nagaur 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.