Lala @ Rajkumar vs State Of Rajasthan

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

The petitioner has been arrested in FIR No.79/2019 of Women Police Station, Sriganganagar for the offences punishable under Sections 363, 366-A, 344, 376(2)(I)(N) of IPC and under Section 5(L)/6 of POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case. It is argued that petitioner and the prosecutrix were in love and want to marry each other, however, family members of the prosecutrix forcibly solemnized marriage of her with one Sunil kumar on 25.03.2019.

It is submitted that after her marriage when the prosecutrix visited her parental house on 06.04.2019, she eloped with the petitioner and lived with him up to 22.04.2019. The police had recovered the prosecutrix and a missing person report lodged by her father, wherein she specifically stated in her statements recorded under Sections 161 and 164 Cr.P.C. that she eloped with the petitioner as per her own free will and taking into consideration the said statements of the prosecutrix, the police had proposed to file negative final report in the matter, however, later on, father of the prosecutrix submitted an application before the Superintendent of Police and levelled allegations that petitioner had abducted and sexually assaulted her minor daughter. Thereafter, the prosecutrix under pressure of her father has alleged that petitioner had abducted and sexually assaulted her. It is further submitted that husband of the prosecutrix Sunil in his police statement has admitted that his wife was in relation with the petitioner prior to their marriage and she eloped with him on 06.04.2019 in his presence. It is also submitted that allegations levelled against the petitioner of abduction and sexual assault are false. It is further submitted that charge-sheet has been filed in the matter.

Learned Public Prosecutor as well as counsel for the complainant have opposed the bail application.

Having regard to the totality of the facts and circumstances of the case, 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 Lala @ Rajkumar S/o Shri Budh Ram shall be released on bail in connection with FIR No.79/2019 of Women Police Station, Sriganganagar 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.