Kishan vs State Of Rajasthan

Rameshwar Vyas, J

The instant bail application has been filed under Section 439 Cr.P.C. by the petitioner for grant of regular bail in connection with FIR No. 55/2022 registered at Mahila Police Station, Barmer for offences punishable under Sections 450 and 376(2)(n) of IPC.

Heard learned counsel for the parties and perused the material available on record.

Learned counsel for the petitioner submits that the FIR is delayed by ten days. Prosecutrix is mature lady aged about 47 years. She has levelled false allegations against the petitioner. As per her statement, for the last ten years the petitioner is sexually exploiting her. After completion of investigation, charge-sheet has already been filed. There is no criminal antecedents against the petitioner. On the above grounds, learned counsel for the petitioner prays to allow bail application.

On the contrary, learned Public Prosecutor has opposed the bail application.

Having regard to the rival contentions of the learned counsel for the parties and material available on record, in the facts and circumstances of the case, without expressing any opinion on merits of the case, this Court deems it just and proper to enlarge the accused-petitioner on bail under Section 439 Cr.P.C.

Accordingly, the present bail application under Section 439 Cr.P.C. is allowed. It is ordered that the petitioner Kishan S/o Gokla Ram, who is in custody in connection with FIR No. 55/2022 registered at Mahila Police Station, Barmer, shall be released on bail provided he shall execute personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with two sound & solvent 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.