Jagdish vs The State of Rajasthan

Mohammad Rafiq, J.—Heard learned Counsel for Petitioner as well as learned Public Prosecutor and perused material made available to me during course of arguments.

Contention of learned Counsel for Petitioner is that prosecutrix is a married woman. According to medical-examination-report, her age is in between 17-19 years. In her statements recorded under Sections 161 and 164 of the Code of Criminal Procedure she did not make any allegation of rape against Petitioner, although she stated that she accompanied Petitioner at her own free will and went with him to different places, namely, Bhilwara, Jodhpur, Ramdeora and Itawa, and they stayed together in different hotels/Inns. In Court statement again she repeated same averments about her visit to different places along-with Petitioner. Tenor of her statement clearly shows that she was a consenting party and had voluntarily gone with Petitioner. In one statement though she sought to suggest about rape but totality of statement especially when she says that she travelled various places with the Petitioner and did not raise any protest, proves that she remained with Petitioner at her own free will. Challan has been filed. Petitioner is in jail since 10.09.2010. There is no other criminal case ever registered against the Petitioner.

Learned Public Prosecutor opposed the bail application.

After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to allow this bail application. It is therefore ordered that accused-Petitioner, namely, Jagdish Son of Mangilal Dhobi, Resident of Ratlai, Police Station Bakani, District Jhalawar (presently confined in District Jail Jhalawar) be released on bail u/s 439 Code of Criminal Procedure, in FIR NO. 157/2010, Police Station Bakani, District Jhalawar, under Sections 363, 366, 376 and 342 of the IPC, provided he furnishes a personal bond in the sum of Rs. 50,000/- with two sureties of Rs. 25000/- each to the satisfaction of the trial Court for his appearance on all subsequent dates of hearing and as and when called upon to do so.

However, in case it is found that any other criminal case is pending against Petitioner and that misstatement has been made about his whereabouts or non-registration of any other criminal case or any new case in future is registered against him, the bail so granted to him by this Court in this bail application would be liable to be cancelled at the instance of prosecution even by the trial Court and stipulation to this effect shall be inserted in bail bonds produced by Petitioner, and sureties to be produced in support thereof shall be verified by Tehsildar of area concerned.

The bail application stands disposed of.