Suresh Kumar vs State of Rajasthan

R.S. Chauhan, J.—Heard learned counsel for the parties and perused the material available on record.

Learned counsel for the petitioner submits that the prosecutrix is more than 16 years of age. According to her testimony the petitioner abducted her while she was sleeping along with her family members, and committed rape on her. According to learned counsel this story is highly improbable. According to prosecutrix initially she claims that she was abducted by the petitioner from her house. However, in cross-examination she claims that because of dark night she could not identify the petitioner. Moreover, according to medical report the prosecutrix was found habitual to sexual intercourse. Therefore, a totally false case has been fabricated against the petitioner.

On the other hand, learned Public Prosecutor has opposed the bail application.

Without expressing any opinion into the merits and demerits of the case and looking to the facts and circumstances of the case, this court is inclined to grant the bail application of the petitioner u/s 439 Cr.P.C.

It is, therefore, ordered that the petitioner Suresh Kumar s/o.Chauthu Ram shall be released on bail provided he furnishes a personal bond in the sum of Rs.30,000/- (Rs.thirty thousand only) with two sureties of the like amount each to the satisfaction of the learned trial court for his appearance before the trial court as and when he is called upon to do so.