Gajendra Singh @ Gopal Singh vs State Of Rajasthan

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.478/2018 of Police Station Bheem, District Rajsamand for the offences punishable under Sections 363, 366, 384 and 376 IPC, Sections 3 and 4 of POCSO Act, 2012 and Section 67-A of IT Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the allegations levelled in the complaint filed by the mother of the prosecutrix are false. It is submitted that it is falsely stated in the FIR that on 18.04.2018, the petitioner forcibly got some papers signed by the daughter of the complainant and thereafter the petitioner or his sisters demanded money from the complainant party. Learned counsel for the petitioner has submitted that the FIR regarding the alleged incident took place on 18.04.2018 has been filed on 19.04.2019 only. Learned counsel for the petitioner has further submitted that in the FIR no allegation of sexual assault has been levelled against the petitioner and the daughter of the complainant has also not levelled any allegation of sexual assault against him in her statements recorded under Section 161 Cr.P.C., however, later on, levelled false allegation of sexual assault against him in her statements recorded under Section 164 Cr.P.C. It is submitted that as a matter of fact the petitioner and the daughter of the complainant were in relation for quite long time and both of them solemnized marriage on 18.04.2018 as the daughter of the complainant was not ready to marry with the boy who was suggested by her parents. It is submitted that the daughter of the complainant was major at the time of incident and taking into consideration the above fact, it is clear that the relations between the petitioner and the daughter of the complainant were consensual. It is also submitted that the charge-sheet has been filed and the trial of the case will take time.

Learned Public Prosecutor has opposed the bail application. 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 accused petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Gajendra Singh @ Gopal Singh S/o Chiman Singh shall be released on bail in connection with FIR No.478/2018 of Police Station Bheem, District Rajsamand provided he executes a personal bond in a 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 appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.