Sodan Gurjar @ Shyodan 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.180/2022 registered at Police Station Parsoli, District Chittorgarh for the offences under Sections 363, 366A, 344, 376(2)(N) and 120B IPC.

Drawing attention of the Court towards the statements of the prosecutrix recorded under Sections 161 and 164 Cr.P.C., learned counsel for the petitioner submitted that the prosecutrix who was previously married to one Chhotu Lal voluntarily contracted ‘Nata Marriage’ with the present petitioner and remained in his company for about eight days out of her free will and volition. Learned counsel submitted that the prosecutrix introduced herself as an adult to the petitioner for getting married and he had no idea that the prosecutrix is a minor girl. Learned counsel submitted that the prosecutrix voluntarily entered into physical relationship with the present petitioner. However, on their relations turning strained, the prosecutrix has falsely roped the petitioner in a criminal case. Learned counsel further submitted that the petitioner is aged about 23 years; the petitioner is in judicial custody since 19.01.2023; challan has already been filed against the petitioner and the trial of the case will take sufficiently long time.

On these grounds, he implored the court to enlarge the petitioner on bail.

Per contra, learned Public Prosecutor vehemently opposed the bail application.

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

Having considered the rival submissions, facts and circumstances of the case and after taking into consideration the statements of the prosecutrix recorded under Sections 161 and 164 Cr.P.C., this Court prima facie finds that the fact of the prosecutrix entering into a consensual relationship with the present petitioner out of her free will and volition cannot be brushed aside at this stage. This Court also prima facie finds that prosecution has not shown any apprehension of prosecutrix being influenced by the present petitioner. Thus, 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 - Sodan Gurjar @ Shyodan S/o Nanda Gurjar arrested in connection with F.I.R. No.180/2022 registered at Police Station Parsoli, District Chittorgarh 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.