Rakesh 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 FIR No.110/2022 registered at Police Station Baar, District Rajsamand, for offences under Sections 376(1), 365, 506 I.P.C.

Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel submitted that the petitioner was in a consensual relationship with the prosecutrix who is a mature married woman. Learned counsel submitted that the prosecutrix developed physical relations with the petitioner out of her free will and volition. Drawing attention of the Court towards the statement of the prosecutrix recorded before competent criminal court as P.W.1 on 26.5.2023, learned counsel submitted that the prosecutrix has clearly stated that while she was being taken by the petitioner towards the place of incident despite having ample opportunities, she did not inform anyone that she is being abducted by the present petitioner. Further, the attention of the Court was drawn towards the admission of the prosecutrix in her statements that when she was returning with the petitioner from the place of incident, she and the petitioner were slapped by the husband of the prosecutrix. Lastly, learned counsel submitted that the FIR has been lodged after a delay of about 4 days from the date of incident, only under the pressure of her family members, enroping the petitioner in the present case.

Learned counsel submitted that the petitioner is in judicial custody. Learned counsel further submitted that since the statements of the prosecutrix have already been recorded before competent criminal court, there are no chances of petitioner’s tampering or influencing the witnesses; no recovery is due to be made from the present petitioner and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

Per contra, learned Public Prosecutor opposed the bail application.

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

Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner- Rakesh S/o Alam Mehrat shall be enlarged on bail in connection with FIR No.110/2022 registered at Police Station Baar, District Rajsamand, 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 so.

It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.