Raju vs State Of Rajasthan

Kuldeep Mathur, J

This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.240/2022, registered at Police Station Dhambola, District Dungarpur, for offences under Sections 447, 376, 376(2) & 506 IPC.

Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record.

Drawing attention of the Court towards the statements of the prosecutrix recorded before the competent criminal court as P.W.-1, learned counsel for the petitioner submitted that the petitioner was in a consensual relationship with the prosecutrix who is a mature married woman. Learned counsel submitted that the prosecutrix in her court statements has admitted that the petitioner used to visit her in the absence of her husband. Learned counsel submitted that the petitioner has been roped in a false criminal case by the prosecutrix on their relations turning strained. Lastly, learned counsel submitted that statements of the prosecutrix have already been recorded before the competent criminal court and therefore there are no chances of the prosecutrix being influenced by the present petitioner. The petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the bail application and submitted that looking to the seriousness of the accusations against the present petitioner, he does not deserve to be enlarged on bail. However, learned counsel for the complainant submitted that owing to some misunderstanding between the parties, the present F.I.R. was lodged by the prosecutrix against the present petitioner. However, now the parties have decided to settle their disputes amicably in the spirit of Lok Adalat and therefore he has no objection in case the petitioner is enlarged on bail.

Having considered the rival submissions, facts and circumstances of the case, so also the fact that statements of the prosecutrix have already been recorded before the competent criminal court wherein she has admitted that the petitioner used to visit her in the absence of her husband and the present F.I.R. came to be lodged by her only when the mediation proceedings between the parties failed, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Raju S/o Heera arrested in connection with F.I.R. No.240/2022, registered at Police Station Dhambola, District Dungarpur, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/-each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.