Mahendra Dube @ Rajan vs State Of Rajasthan

Kuldeep Mathur, J

This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.187/2022 Police Station Sadadi, District Pali, for the offences under Sections 363, 384 366-A, 368, 506, 344, 509, 376(2)(j)(n) of IPC and under Section 3 read with Section 4(1), 5(L) read with 6, 7 read with 8 of POCSO Act, under Section 3(2)(va) of SC/ST (Prevention of Atrocities) Act, and under Section 67 of I.T. Act.

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

Learned counsel for the petitioner submitted that the prosecutrix was in a consensual relationship with the present petitioner. Drawing attention of the Court towards the statements of prosecutrix recorded under Section 164 Cr.P.C. dated 14.12.2022, learned counsel submitted that the prosecutrix voluntarily left her house and remained in company of the petitioner. Learned counsel further submitted that the prosecutrix out of her free will and violation travelled with the petitioner to various places such as Kanpur, Mumbai etc. using public transportation and also stayed with him in highly populated areas and therefore, had ample opportunities to disclose the fact of her being abducted and subjected to sexual assault by the present petitioner, therefore, the petitioner deserves to be enlarged on bail.

Per contra, learned Public Prosecutor opposed the bail application.

Having regard to the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioner-Mahendra Dube @ Rajan S/o Ved Prakash, arrested in connection with FIR No.187/2022 Police Station Sadadi, District Pali, shall be released on bail; provided he executes a personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court. Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.