Hari Singh @ Muneem @ Bholiya vs State Of Rajasthan

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 11/2018

Registered at Police Station, Laxmangarh, District Sikar for the offence(s) under Sections 420, 120B, 363, 366 & 376 of IPC (in F.I.R.) & under

Section 417, 376, 494 of IPC (in order)

Counsel for the petitioner submits that the petitioner has been falsely implicated in this matter. Counsel further submits that earlier also the

prosecutrix has lodged an F.I.R. against the petitioner bearing No. 119/2017 in which statement of prosecutrix was recorded under Section 164 of

Cr.P.C. by the trial court on 10.05.2017, wherein she stated that she herself went with the petitioner to Bikaner and no allegation of committing rape

has been levelled by her against the accused petitioner in the said F.I.R. Counsel further submits that again this false F.I.R. has been lodged by the

prosecutrix against the petitioner after a delay of six months. Counsel further submits that the petitioner is in custody since 27.01.2018.

Learned Public Prosecutor and counsel for the complainant have opposed the bail application.

Considering the material on record and taking into account the facts and circumstances of the case and also considering the period of custody and

without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to regular bail subject to satisfaction of the trial

Court. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax, for necessary compliance.