Jairam S/o Sh. Chhotu Ram vs State of Rajasthan

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

The present bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner, who is in custody in connection

with F.I.R. No.61/2015, Police Station Peelwa, District Nagaur for

the offences under Sections 366, 376(2)(M) & (N) r/w 149 IPC .

The prosecutrix is a 20 years old married woman. She was

staying at her father''s house and went missing on 12.4.2015. A

missing person'' report was lodged at P.S. Peelwa and in relation

thereto, the prosecutrix was discovered and examined on

27.4.2015. In such statement, she did not level any kind of

allegation against anybody but rather stated of affairs with the

present petitioner and expressed desire to go with him.

Thereafter, the FIR came to be lodged. The prosecutrix was

examined under Section 164 Cr.P.C. on 14.5.2015 and in such

statement, she attributed allegation of rape to Om Prakash,

Kanaram, Jairam, Parasaram and Kesaram. The police filed

charge-sheet only against the present petitioner. In the charge-

sheet, it is clearly mentioned that the petitioner and prosecutrix

were having illicit relations for last two years and both of them

went away consensually and also executed marriage documents.

Thus, having regard to the entirety of the facts and

circumstances as available on record and upon a consideration of

the arguments advanced at the Bar but without expressing any

opinion on the merits of the case, this Court is of the opinion that

the bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application is allowed. It is ordered

that the accused-petitioner, Jairam arrested in connection with

F.I.R. No.61/2015, Police Station Peelwa, District Nagaur shall be

released on bail; provided he furnishes a personal bond of

Rs.50,000/- and two surety bonds of Rs.25,000/- each to the

satisfaction of the learned trial court with the stipulation to appear

before that Court on all dates of hearing and as and when called

upon to do so.