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Judgment
6 paragraphs · 386 wordsHeard learned counsel for the parties and also perused the material available on record.
The petitioner(s) has/have been arrested in FIR No.1/2019 of Police Station Degana, Distt. Nagaur for the offence(s) punishable under Section(s) 376 and 506 IPC. He/she/they has/have preferred this/these bail application(s) under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that the allegation of sexual assault levelled by the prosecutrix against the petitioner is false. It is argued that as a matter of fact, prosecutrix and the petitioner were in relation from a long time and they had also executed an agreement of marriage on 28.12.2018, however later on, the said agreement was cancelled with the consent of both the parties on 27.12.2018, but as the family members of the prosecutrix were annoyed by the execution of marriage agreement between petitioner and the prosecutrix, they attacked on the house of the petitioner on 31.12.2018 at about 10 PM and in relation to that, the petitioner has lodged an FIR at the Police Station Gachhipura on 1.1.2019 and in counter to that, the prosecutrix lodged this false FIR against the petitioner on 2.1.2019. It is also submitted that in the FIR, it is alleged that the petitioner had sexually assaulted the prosecutrix on 20.12.2018, but admittedly the FIR was lodged after a delay of 13 days, for which, no satisfactory explanation has been given. It is submitted that charge-sheet has been filed and trial of the case is likely to take time.
Learned Public Prosecutor has opposed the bail application(s).
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the petitioner(s) under Section 439 Cr.P.C.
Accordingly, this/these bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) - Dharma Ram S/o Shri Modu Ram shall be released on bail in connection with FIR No.1/2019 of Police Station Degana, Distt. Nagaur provided he/she/they execute(s) a personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.