Ram Chandra 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.109/2023, registered at Police Station Rawla, District Sri Ganganagar, for offences under Sections 323, 382, 354(B), 506, 365, 376(2)(N) & 34 of IPC.

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

Learned counsel for the petitioner submitted that the prosecutrix who is a mature lady aged about 43 years, has falsely roped the present petitioner in a criminal case. He further submitted that as per the written report, the prosecutrix was subjected to sexual assault/rape by the present petitioner for the first time about five years prior to the date of lodging of the FIR. Learned counsel submitted that prosecutrix in the last five years, despite having ample opportunities, did not disclose the factum of she being sexually assaulted by the present petitioner to anyone. Learned counsel further submitted that as a matter of fact, the prosecutrix was in a consensual relationship with the present petitioner, however, on their relation turning strained, the petitioner has falsely been implicated in a criminal case. It was submitted that the petitioner is in judicial custody since 25.06.2023 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. However, learned counsel for the complainant/prosecutrix submitted that owing to some misunderstanding between the parties, the present FIR came to be lodged by the prosecutrix against the present petitioner, and therefore, he has no objection in petitioner being enlarged on bail.

Having considered the rival submissions, facts and circumstances of the case, so also the fact that petitioner is in judicial custody since 25.06.2023 and learned counsel for the complainant submitted that the FIR was lodged against the present petitioner after some misunderstanding between the parties, 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 Ram Chandra S/o Shankar Lal @ Syokaran arrested in connection with F.I.R. No.109/2023, registered at Police Station Rawla, District Sri Ganganagar, 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.