Kala Singh 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.308/2023 registered at Police Station Raisingh Nagar, Dist. Anupgarh, for the offences under Sections 323, 342, 376 (2) (n), 376D, 382, 504 & 506 of IPC and Sections 3(1)(r), 3(1)(s) of SC/ST Act.

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

Learned counsel for the petitioner submitted that the prosecutrix who is a mature, married woman has falsely implicated the petitioner in the present case. Drawing attention of the Court towards the FIR dated 08.10.2023 and an affidavit of live-in-relationship dated 14.09.2023, learned counsel submitted that the petitioner and the prosecutrix were having as consensual relationship, however on the relations between them turning strained, the prosecutrix has roped the petitioner in a false criminal case. Learned counsel further submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

Per contra, learned Public Prosecutor has opposed the bail application. However, learned counsel for the complainant submitted that during pendency of the present bail application, both the parties have entered into a compromise and have decided to settle their dispute amicably in the Lok Adalat, and therefore, he has no objection in case the petitioner is enlarged on bail.

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 Kala Singh S/o Darshan Singh arrested in connection with F.I.R. No.308/2023 registered at Police Station Raisingh Nagar, Dist. Anupgarh, 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.