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Mahesh Bheel vs State Of Rajasthan

Rajasthan High Court · Decided on 19 December 2020 · Citation: (2020) 12 RAJ CK 0167

HON’BLE JUDGES
Manoj Kumar Vyas, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 164, 439 · Indian Penal Code, 1860 — Section 363
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 14958 Of 2020
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Judgment

17 paragraphs · 339 words
1.

This Criminal Misc. Bail Application has been brought under Section 439 of Cr.P.C. seeking regular bail in connection with F.I.R. No. 347/2018

registered with Police Station Anantpura, District Kota, for the offence/s punishable under Section 363 of I.P.C.

2.

It has been submitted on behalf of the accused petitioner that the prosecutrix (victim) had gone on her own free will with the petitioner. The incident

took place on 28.06.2018. The prosecutrix was recovered after 27 months. In the statement of the prosecutrix recorded under Section 164 Cr.P.C.,

she deposed that she had gone with the petitioner on her own free will and they have solemnized marriage. They have been living as husband and

wife. She has also stated that the marriage was solemnised on her own free will and she is pregnant out of this marriage. It has been submitted that

the victim is also having one son out of this marriage.

3.

Learned Public Prosecutor has opposed the bail application.

4.

Heard learned counsel for the petitioner as well as learned Public Prosecutor, perused the material available on record.

5.

On consideration of the arguments/submissions of both the parties, perusal of material on record, nature of accusations and looking to the overall

facts and circumstances of the case, but without commenting upon detailed merits of the case, this court deems just and proper to enlarge the accused

petitioner on bail.

6.

Accordingly, the bail application is allowed. Accused petitioner Mahesh Bheel S/o Sh. Mangilal Bheel, be released on bail in FIR No. 347/2018

registered with Police Station Anantpura, District Kota,, if he is not wanted in any other case, provided he furnishes a personal bond in the sum of Rs.

1,00,000/- (One Lakh) together with two sureties in the sum of Rs. 50,000/- (fifty thousand) each to the satisfaction of learned trial court with the

stipulation that he shall appear before that court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when

called upon to do so.