Mukesh Kumar and Another vs State of Rajasthan

Hon''ble Ajay Rastogi, J.—Heard learned counsel for accused petitioners as well as learned Public Prosecutor and with their assistance perused the material made available at the time of arguments. Counsel for accused petitioners submits that as per alleged supplementary statement of the prosecutrix recorded u/s 161Cr.P.C. on 07.02.2012, specific allegation of committing offence of Section 376 IPC has been alleged against accused Mahaveer Jat, Kanhaiya Jat and Ramjas, however, the present petitioner has also been alleged to be associated.

Counsel further submits that neither statement of the prosecutrix u/s 161 Cr.P.C. nor u/s 164 Cr.P.C. were recorded, but on the basis supplementary statement recorded u/s 161 Cr.P.C. on 07.02.2012, which was recorded after two months of the alleged incident, cognizance has been taken against the present accused-petitioners. Counsel submits that charge-sheet has been filed and both the accused-petitioners are in incarceration since 07.02.2012.

Learned Public Prosecutor opposed the bail application.

Taking note of the submissions made (supra) and so also the material which has come on record, but without expressing any opinion on merits, this Court considers it appropriate to allow post-arrest bail application of accused petitioners u/s 439 Cr.P.C. Accordingly, applicants (1. Mukesh Kumar and 2. Bajrang Lal) be released on post-arrest bail u/s 439 Cr.P.C. in FIR No. 48/2012, registered at Police Station Kekri, District Ajmer, for offences alleged, provided each of them furnishes personal bond in a sum of Rs. 50,000/- (Rs. Fifty thousand) with two sureties each for Rs. 25,000/- (Rs. Twenty five thousand) to the satisfaction of trial court for their appearance before that court on subsequent dates, whenever called upon to do so and will further furnish correct residential address along with contact number and so also change if any takes place, to the trial court.