Rajesh Kumar vs State Of Rajasthan

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.168/2019 of Police Station Loonkaransar, District Bikaner for the offences punishable under Sections 450, 506, 354, 342, 323, 341 and 376(2)(F)(N) IPC. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the allegation against the petitioner of sexual assault is absolutely false. It is argued that the petitioner is the cousin brother of the prosecutrix and the police have also concluded that often the mother and sister of the petitioner used to quarrel with the brother and other family members of the prosecutrix as their agriculture lands are adjacent to each other. It is submitted that the prosecutrix eloped with the cousin brother of the petitioner around 6 months back, however, when the family members of the cousin brother of the petitioner objected the same, the prosecutrix has lodged this false FIR against the petitioner. It is submitted that as per the allegation levelled by the prosecutrix, the petitioner has sexually assaulted her twice firstly on 06.12.2018 and secondly on 17.12.2018, however, the police in the charge-sheet have concluded that the allegation against the petitioner of sexual assault upon the prosecutrix on 17.12.2018 is false. It is submitted that the prosecutrix has levelled the allegation of sexual assault due to enmity between the family members otherwise it would be very difficult to comprehend that the petitioner being a cousin brother of the prosecutrix has sexually assaulted her few days before his marriage. It is also submitted that the charge-sheet has been filed and the trial of the case will take time.

Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Rajesh Kumar S/o Shanker Lal shall be released on bail in connection with FIR No.168/2019 of Police Station Loonkaransar, District Bikaner provided he executes a personal bond in a sum of Rs.50,000/-with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.