Jeevan Lal @ Javan vs State

This application under Section 439 Cr.P.C. has been preferred on behalf of the petitioner seeking bail in FIR No.99/2019 lodged at Police Station Jawarmines District Udaipur for the offences punishable under Sections 366, 342, 376, 120-B IPC.

Learned counsel for the petitioner has submitted that the allegations against the petitioner of sexual assault and kidnapping of daughter of the complainant are absolutely false. It is argued that the prosecutrix eloped with the petitioner on 03.07.2019 and later on, the complainant found her in the house of her step sister on 13.07.2019 and on the same day, she went with the complainant. It is submitted that after that, on 28.07.2019, FIR regarding kidnapping was lodged against the petitioner. It is submitted that the prosecutrix is a major married lady; she eloped with the petitioner on 03.07.2019 as per her own free will and lived with him as his wife in the house of Ramlal and Santosh. It is also submitted that thereafter, on 13.07.2019, she went to her step sister's house on her own and from there, she went with her father. It is submitted that from the statements of the prosecutrix recorded under Sections 161 and 164 CrPC, it is clear that she left the house of her husband and went with the petitioner. It is further submitted that charge-sheet has been filed and trial of the case will take time.

Learned Public Prosecutor has opposed the bail application.

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

It is noticed that the prosecutrix was missing from the complainant house on 3.07.2019 and thereafter, the complainant found her on 13.07.2019 in her step sister's house, however, FIR in respect of the offence was lodged on 28.07.2019 only. It is also noticed that the prosecutrix is 20 years of age and she is married lady and in her statements recorded under Sections 161 and 164 CrPC has specifically stated that she went with the petitioner from her house as per her own.

Having regard to the totality of the facts and circumstances of the case and having taken into consideration the statements of the prosecutrix recorded under Sections 161 and 164 Cr.P.C., wherein she has stated that she went with the petitioner as per her own, 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 Jeevan Lal @ Javan S/o Lalu, shall be released on bail in connection with FIR No.99/2019 of Police Station Jawarmines District Udaipur 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.