Vishnu vs State Of Rajasthan

Manoj Kumar Garg, J

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No.03/2022, Police Station Khamnaur, District Rajsamand for the offence punishable under Sections 450, 376(2)(n) and 384 of the Indian Penal Code.

Learned counsel for the petitioner submits that prosecutrix is a major lady and she has admitted that she is talking with the petitioner from last one year; the petitioner used to visit the house of the prosecutrix and during this period, petitioner committed rape with her; if anything has happened with the prosecutrix, that happened with her consent; challan of the case has already been presented; no investigation is pending against the petitioner; the petitioner is in the judicial custody since 06.01.2022; and the trial of the case will take sufficiently long time. Therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the bail application.

I have considered the arguments advanced before me and gone through the material available on record.

Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner, Vishnu S/o Devi Lal shall be enlarged on bail in F.I.R. No.03/2022, Police Station Khamnaur, District Rajsamand provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- 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.