Prabhu Singh vs State Of Rajasthan

Farjand Ali, J

The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

S.No.

Particulars of the Case

1

FIR Number

31/2023

2

Concerned Police Station

Badnore

3

District

Bhilwara

4

Offences alleged in the FIR

Under Sections 447, 376(2)(n) and 506 of the IPC

5

Offences added, if any

-

6

Date of passing of impugned order

24.04.2023

It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.

Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

Heard learned counsel for the petitioner and the learned Deputy Government Advocate. No one has appeared on behalf of the complainant/victim despite information provided to her. The challan papers have been filed. A perusal of the statement of the victim ‘S’ who is a grown up married lady aged about 26 years; revealing that there is a substance in the contention made on behalf of the petitioner that she too was a consenting party. It is further revealing that while committing the offence, some neighbors Mukesh Mewara and Smt. Pushpa Devi W/o Bheru Singh and her father-in-law Punam Singh came at the spot, despite that the FIR was lodged after seven days, is casting a serious doubt over the credibility of her statement as well as the trustworthiness of the case.

Be that as it may, no comments on the niceties of the case should be made in a bail order since the same may influence the course of trial, yet considering the overall facts and circumstances of the case as well as looking to the fact that there is high probability that the trial may take long time to conclude, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter.

Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner as named in the cause title shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.