Magan vs State of Rajasthan

Sandeep Mehta, J.—Heard learned Counsel for the Applicant and the learned Public Prosecutor and perused the Challan papers.

Learned Counsel for the Applicant pointing out the statements of the prosecutrix recorded u/s 161 Code of Criminal Procedure has submitted that the prosecutrix who is 17 years of age, has stated that she was having a love affair with the Petitioner and she went with the Petitioner of her own free will on 13.11.2010 from Banswara and then they went to Mumbai, Bhivandi and Shailar and there the Petitioner worked in a factory. She has also stated that she stayed with the Petitioner on her own free will and that the Petitioner exercised no force on her.

Learned Public Prosecutor opposed the bail application.

Keeping in view the statements of the prosecutrix recorded u/s 161 Code of Criminal Procedure, and considering the totality of facts and circumstances, the bail application preferred u/s 439 Code of Criminal Procedure deserves acceptance.

Accordingly, the bail application is allowed, it is directed that Applicant Magan S/o Kamru Bhacor, shall be released on bail in FIR No. 01/2011 at P.S. Danpur, District Banswara provided he executes a personal bond for a sum of Rs. 30,000/- along with two sound and solvent sureties in the sum of Rs. 15,000/- 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.