Rampratap S/o Momanram vs State of Rajasthan

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the challan papers.

2.0 The instant bail application under Section 439 Cr.P.C. has

been preferred on behalf of the petitioner who is in custody in

connection with F.I.R. No.298/2016, registered at Police Station

Rajiyasar for the offences under Sections 342, 376 and 120B IPC.

Learned counsel for the petitioner contends that the entire

case as set up by the prosecution against the petitioner is false

and fabricated. Drawing the attention of this Court to the

statements of the first informant Mst. K and the prosecutrix Mst. K

recorded under Section 161 Cr.P.C., he urged that both the ladies

admitted having strained relations with the petitioner due to

previous disputes. However, when the prosecutrix was examined

under Section 164 Cr.P.C., she denied knowing the present

petitioner from before. He thus urges that as the petitioner has

been falsely implicated in the case owing to a previous monetary

dispute, he deserves to be enlarged on bail.

Learned PP vehemently opposes the submissions advanced

by the petitioner''s counsel.

Having regard to the facts and circumstances available on

record but without expressing any opinion on the merits of the

case, this Court is of the opinion that the petitioner deserves to be

released on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is directed that the petitioner Rampratap arrested in

connection with the F.I.R. No.298/2016, registered at Police

Station Rajiyasar shall be released on bail provided he furnishes a

personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/-

each to the satisfaction of the learned trial court with the

stipulation to appear before that Court on all dates of hearing and

as and when called upon to do so.