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Judgment
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
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.724/2016, registered at Police Station
Rawatsar for the offences under Sections 354A, 450, 376 (2) (F)
and 323 IPC .
Learned counsel for the petitioner contends that prosecutrix
is a major married woman and it is a case of consensual
relationship between her and petitioner. In order to buttress this
contention, learned counsel for the petitioner drew the attention of
the Court to the statement of complainant husband Mukesh Kumar
and urges that it is only when the presence of Mukesh Kumar
became apparent that the prosecutrix raised the alarm. He thus
urges that the petitioner deserves to be enlarged on bail.
Learned P.P. vehemently opposes the submission advanced
by the petitioner''s counsel. However he too is not in a position to
dispute the fact that as per the statement of Mukesh Kumar, the
husband of the prosecutrix, he returned to the house at about 3''O
clock in night and was cleaning his footwear and on hearing the
noise, the accused ran away and thereafter the prosecutrix raised
an alarm.
In this background and 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 Satpal arrested in
connection with the F.I.R. No.724/2016, registered at Police
Station Rawatsar 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.