Mukesh Saini vs State Of Rajasthan

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.82/2020 registered

at Police Station Pratapgarh District Alwar for the offence(s) under Section(s) 323, 341 & 354-A of IPC and later on for the offences under Sections

323, 341, 354-A & 376 of IPC.

It is contended by learned counsel for the petitioner that he has falsely been implicated in this case wherein, in the FIR lodged by the prosecutrix, a

married lady of 35 years of age, there was no allegation against him of subjecting her to rape; but, in her statement recorded under Section 164 CrPC,

she has alleged that she has subjected to rape about 1-2 months prior to the present incident. He submitted that the petitioner is in custody since

10.12.2020, investigation as against him is complete, he has no criminal antecedents and prayed for his release on bail.

Learned Public Prosecutor has opposed the bail application. Taking into consideration the submissions advanced by learned counsel for the petitioner,

the nature of allegation against him, his length of custody, absence of criminal antecedents and the material available in the case diary; but, without

expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail.

Accordingly, the bail application is allowed and it is directed that accused-petitioner Mukesh Saini S/o Shri Ramkalyan Saini shall be released on bail

under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in

the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the

satisfaction of the trial court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.