Rakesh vs State Of Rajasthan

Heard learned counsel for the parties and also perused the material on record.

The petitioner has been arrested in FIR No.413/2019 of Police Station Naya Shahar, District Bikaner for the offences punishable under Sections 450, 436(2)(g)(n) and 506 IPC. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is argued that after around four years of alleged incident the FIR has been filed against the petitioner. It is further submitted that the petitioner has falsely been implicated in this case and due to some minor dispute between the family members of the petitioner and the prosecutrix, false allegation of sexual assault has been leveled against the petitioner. It is submitted that the prosecutrix is major and married lady and it is unbelievable that she has not disclosed the alleged incident to her husband or any other person for a period of four years. It is submitted that the charge-sheet has been filed and the trial of the case will take time.

Learned Public Prosecutor as well as learned counsel for the complainant opposed the bail application, however, learned counsel for the complainant has submitted that the family members of the petitioner is threatening the prosecutrix and her family members to withdraw the case and the petitioner and his family members have also filed false FIR against the brother of the prosecutrix alleging that he outraged the modesty of a lady of petitioner's family. Learned counsel for the complainant has, therefore, submitted that in view of the above facts and circumstances of the case the petitioner is not entitled to be enlarged on bail.

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 - Rakesh S/o Sohan Lal shall be released on bail in connection with FIR No.413/2019 of Police Station Naya Shahar, 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.