Ganpat Singh vs State of Rajasthan

Mr. Vijay Bishnoi, J. - 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. 126/2016 of Police Station, Sayla, District Jalore for the offences punishable under Sections 143, 366, 376, 384 IPC. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the mother of the prosecutrix filed a missing person report on 10.08.2016 alleging that her daughter is missing. Thereafter, the complainant was recovered by the police on 14.08.2016 and her statements were recorded, whereby she has specifically stated that she went with the petitioner as per her own free will and the petitioner has not done anything with her. Later on under the pressure of her family members the complainant has lodged this false FIR against the petitioner. It is also contended that the complainant solemnized marriage with the petitioner and lived with him as his wife for quite long time.

Learned Public Prosecutor as well as learned counsel for the complainant have 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 Ganpat Singh S/o Mohabbat Singh shall be released on bail in connection with FIR No. 126/2016 of Police Station, Sayla, District Jalore 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.