Sukhdev @ Radheshyam vs State Of Rajasthan

Farjand Ali, J

The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

S.No.

Particulars of the Case

1.

FIR Number

137/2023

2.

Concerned Police Station

Jamsar

3.

District

Bikaner

4.

Offences alleged in the FIR

Under Section 450, 366, 342, 323, 376(2)(n), 376-D, 506 and 34 of the IPC

5.

Offences added, if any

Section 447 of the IPC

6.

Date of passing of impugned order

29.01.2024

It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.

Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

Heard learned counsel for the parties and perused the challan papers. The victim is a major girl aged about 21 years and thus, has attained the age of discretion to know her good and bad. On 26.08.2023, she left her parents’ house in a clandestine manner whereupon her husband Rakesh lodged a Missing Person Report dated 27.08.2023. Pursuant to inquiry under MPR, the girl was recovered on 30.08.2023. The custody memo dated 30.08.2023 containing the fact that since the husband of the girl used to abuse her, therefore, she went with one Ravi at her own free will. She was examined on 30.08.2023 and reiterated the same fact regarding her leaving house at her own free will. The FIR came to be lodged in this case on 06.09.2023 after seven days of coming back to home in which allegations have been levelled for molesting her and a different narrative has been mentioned in the FIR. Though, she makes allegation under Section 161 and 164 of the Cr.P.C. but taking into account the totality of the facts and circumstances of the case, more particularly, the unexplained delay in lodging of the FIR, her being a major girl and taking into account her statement in MPR as well as the fact that there is high probability that the trial may take long time to conclude, at this stage, I deem it appropriate to release the petitioner on bail.

Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner as named in the cause title shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.