Kailash vs State of Rajasthan

Mr. Pankaj Bhandari, J.—The petitioner has moved this bail application under Section 439 Cr.P.C.

The FIR in this case pertains to Sections 365, 342 and 376 IPC.

The contention of the counsel for the petitioner is that the prosecutrix is aged 22 years and she has gone on her own free will and has remained with the petitioner for a long time, and they both have stayed as husband and wife in a rented premises. As per the FIR in this case, the prosecutrix left her house to go to her maternal aunt''s place on 20.01.2016. When she did not reach her maternal aunt''s place, the missing report was filed with the police. Thereafter, the prosecutrix returned and on 25.01.2016, the FIR has been lodge. As per the statement of the prosecutrix under Section 164 Cr.P.C., she has stated that she left on 17.01.2016.

Taking note of the above as also the fact that the age of the prosecutrix is 22 years and there is nothing against the present petitioner, at this stage, without commenting on the merits of this case, I deem it proper to grant bail to the present petitioner.

Consequently, the bail application is allowed. It is ordered that the accused-petitioner, Kailash s/o Om Prakash arrested in connection with FIR No. 21/2016, Sadar Nagaur Police Station, 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.