Rajkumar vs State

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

The petitioner has been arrested in connection with FIR No.190/2019 of P.S. Subhash Nagar, District Bhilwara for the offences punishable under Sections 376, 379, 384, 323, 341, 427, 452 and 500 I.P.C. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that allegation of sexual assault levelled against the petitioner is absolutely false. It is argued that the prosecutrix is near relative of the petitioner and she borrowed some money from him, however, when he asked her for returning the said money, some dispute arose between them and then, this false FIR regarding sexual assault has been filed by the prosecutrix. Learned counsel for the petitioner has also submitted that the prosecutrix is 36 years old married lady and she has filed this false complaint against the petitoner due to some financial dispute between them. Learned counsel for the petitioner has also submitted that now the matter has been compromised between the petitioner and the prosecutrix.

Learned Public Prosecutor has vehemently opposed the bail application, however, learned counsel for the complainant has submitted that the complaint filed by the prosecutrix regarding sexual assault is false as the same was filed due to some dispute between the parties in relation to some monetary transaction.

Having regard to the totality of the facts and circumstances of the case and having taken into consideration the fact that there is delay in filing the complaint regarding sexual assault and now the matter has been compromised betweeen the parties, 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 Sec.439 Cr.P.C. is allowed and it is directed that petitioner Rajkumar S/o Mannalal Meena shall be released on bail in connection with FIR No.190/2019 of P.S. Subhash Nagar, District Bhilwara 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.