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2014 DIGILAW 2157 (RAJ)

Suresh v. State of Rajasthan

2014-12-18

VIJAY BISHNOI

body2014
JUDGMENT 1. - Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record. 2. An FIR No.239/14 has been registered at Police Station Sagwada, District Dungarpur against the petitioner for the offences punishable under Sections 366 and 376 I.P.C. 3. Learned counsel for the petitioner has submitted that the FIR has been registered by the prosecutrix with a delay of about two years. It is also stated that the prosecutreix, in her statement recorded under Section 164 Cr.P.C., has clearly stated that she resided with the petitioner for about one year and one daughter was also born to her from the petitioner. It is also submitted that the petitioner has been falsely implicated in this case as prosecutrix has resided with the petitioner at her own will. 4. Learned Public Prosecutor has opposed the bail application. 5. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. 6. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Suresh S/o Shankar Jogi shall be released on bail in connection with FIR No.239/14 of Police Station Sagwada, District Dungarpur provided he executes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.Bail application allowed. *******