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Judgment
9 paragraphs · 275 wordsJaishree Thakur, J
CRM-2660-2021
Application is allowed and Annexure P-5 is taken on record.
CRM-M-43281-2020
This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.323 dated 25.08.2020, under Sections 323, 376(2)(n) and 506 of IPC (Section 385 IPC has been added later on) registered at Police Station Civil Line, District Sonipat.
Learned counsel for the petitioner herein would contend that the present FIR has been registered on the allegation of raping the prosecutrix by giving the false pretext of marriage. It is also argued that initially the FIR was sought to be registered against the entire family members of the petitioner including the wife, however, on the supplementary statement suffered, she has retracted the same and is now alleging the offence of rape only against the petitioner. It is also submitted that the investigation is complete and charges have been framed and therefore, his custody would no longer be required.
Learned counsel appearing on behalf of the respondent-State opposes the grant of regular bail.
I have heard counsel for the parties and have also perused case file.
Keeping in view the facts and circumstances of the case and the fact that the investigation is complete and charges have been framed, no useful purpose will be obtained in keeping the petitioner in custody, therefore, I deem it appropriate to allow the petitioner benefit of bail, at this stage. The petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of trial Court/Duty Magistrate concerned.