Mohan Lal S/o Hari Narayan vs The State of Rajasthan

Heard learned counsel for the petitioners and learned Public

Prosecutor. Perused the FIR as well as the statement of the

prosecutrix Mst.M aged about 24 years recorded under Section

164 Cr.P.C.

The instant bail application under Section 439 Cr.P.C. has

been preferred on behalf of the petitioners who are in custody in

connection with F.I.R. No.6/2017, registered at Police Station

Kherwada, District Udaipur for the offences under Sections 376,

392 and 120-B IPC.

The FIR came to be lodged after a significant delay. The

prosecutrix, in her statement recorded under Section 164 Cr.P.C.

clearly stated that she left her father''s house taking the

educational documents with herself. She was allegedly forcibly

boarded on to a car and taken to an unknown place where the

petitioner Vinod Kumar subjected her to sexual intercourse. She

further stated that Vinod took her to Ahmedabad where he

married her and regularly subjected her to sexual intercourse. She

did not raise any protest during this period. The marriage of the

prosecutrix and the petitioner Vinod Kumar has been registered at

Gujarat.

Thus, having regard to the facts and circumstances available

on record but without expressing any opinion on the merits of the

case, this Court is of the opinion that the petitioners deserve to be

released on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is directed that the petitioners Mohan Lal and Vinod

Kumar arrested in connection with the F.I.R. No.6/2017, registered

at Police Station Kherwada, District Udaipur shall be released on

bail provided they furnish a personal bond of Rs.50,000/- each

and two surety bonds of Rs.25,000/- each to the satisfaction of

the learned trial court with the stipulation to appear before that

Court on all dates of hearing and as and when called upon to do

so.