Harish Kumar vs State Of Rajasthan

Kuldeep Mathur, J

This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.269/2022 registered at Police Station Kotwali Sirohi, for offences under Sections 344, 366, 376, 376(2)(N) and 506 IPC.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submitted that the prosecutrix who is a mature married woman, in her statements recorded under Sections 161 and 164 Cr.P.C., has stated that she was abducted by the present petitioner at the knife point and thereafter, she was subjected to repeated sexual assault by him at different places.

Drawing attention of the Court towards the court statements of the prosecutrix recorded under Section 164 Cr.P.C., learned counsel for the petitioner submitted that it is highly improbable that a mature woman who had been taken by the petitioner to different villages, would not disclose the factum of she being abducted or subjected to sexual assault, to the villagers or any other persons despite having ample opportunities. Learned counsel submitted that as per the prosecutrix, she was forcibly kept by the petitioner at different places for more than 25 days at the knife point. Learned counsel submitted that no knife allegedly used by the present petitioner for commission of the alleged crime has been recovered by the investigating agency.

Lastly, learned counsel submitted that the petitioner is in custody since 22.08.2022; challan has already been filed; trial of the case is likely to consume sufficiently long time and there is no apprehension of the petitioner influencing the witnesses or tampering with the evidence. On these grounds, he implored the Court to enlarge the petitioner on bail.

Per contra, learned Public Prosecutor has opposed the bail application.

Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Harish Kumar S/o Sh. Kanaram arrested in connection with F.I.R. No.269/2022 registered at Police Station Kotwali Sirohi, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.