Sonu @ Sonaram vs State

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.181/2016, registered at Police Station

Bhopalgarh, District Jodhpur for the offences under Sections 365,

366 and 376 IPC.

Learned counsel for the petitioner points out that the

prosecutrix is a major married woman. As per her statement

recorded under Section 164 Cr.P.C., she went with the petitioner

without raising any protest and stayed in a hotel where sexual

relations were established between them. Learned counsel for the

petitioner contends that relations between the petitioner and the

prosecutrix were consensual and urges that the petitioner

deserves to be enlarged on bail.

Learned Public Prosecutor opposes the submissions advanced

by the learned counsel for the petitioner.

Any opinion by this Court on the merits of the prosecution

story may prejudice the trial but having regard to totality of

facts and circumstances available on record, 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 Sonu @ Sonaram

arrested in connection with the F.I.R. No.181/2016, registered at

Police Station Bhopalgarh, District Jodhpur 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.