Suresh Kumar S/o Shri Fulla Ram vs State of Rajasthan

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.135/2016 registered at Police Station

Sumerpur, District Pali for the offences under Sections 366, 376

and 120B IPC.

The prosecutrix is a major woman. She was admittedly

married to the petitioner about 16 years ago. In her statement

recorded under Section 164 Cr.P.C., she alleged that she had

procured a divorce from the petitioner from the Court but the

petitioner forcibly abducted her and her children and subjected her

to sexual assault despite the fact that they had been divorced. The

so-called divorce of the prosecutrix from the petitioner has not

been procured by the I.O. during investigation. The prosecutrix

admittedly stayed with the petitioner for a period of four months

without raising any protest whatsoever.

Thus, 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 Suresh Kumar

deserves to be released on bail.

Accordingly, the instant bail application under Section 439

Cr.P.C. is allowed and it is directed that the petitioner Suresh

Kumar arrested in connection with the F.I.R. No.135/2016

registered at Police Station Sumerpur, District Pali 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.