Ramlaxman vs State of Rajasthan

S.P. Pathak, J.—The learned counsel for the accused-petitioner submits that allegations have been made u/s 376 IPC but both prosecutrix and the accused-petitioner are married and no divorce, either has been sought by the prosecutrix or by the accused-petitioner. According to the learned counsel first incident is stated in relation to rape is four years old and the prosecutrix is of 32 years of age.

The learned P.P. has opposed the application and argued that in view of statements recorded u/s 164 of Cr.P.C. the accused-petitioner should not be granted bail.

3.I have carefully considered the submissions made before me and perused the impugned order.

In the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it proper to allow the application for bail moved by the applicant u/s 439 Cr.P.C.

In the result, the bail application is allowed and it is hereby directed that applicant Ramlaxman S/o Banshidas shall be released on bail in FIR No.394/07 of P.S. Kotwali, District Bundi provided that he furnishes a personal bond in the sum of Rs.30,000/- along with two sureties in the sum of Rs. 15,000/- each to the satisfaction of the concerned Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so till conclusion of the trial.