JUDGMENT 1. - Both these bail applications are heard together and are being decided by this common order. 2. The anticipatory bail application (10068/2015) under Section 438 Cr.P.C. has been preferred by the petitioner Varda Ram apprehending his arrest in connection with FIR No.17/2015, registered at Police Station Bali, District Pali for the offences under Sections 363, 366, 376 and 376(G) IPC. 3. Petitioner Sona Ram, who is in custody in connection with the very same FIR, has filed the regular bail application (11019/2015). 4. Succinctly stated, the facts necessary and essential for disposal of these bail applications are noted herein below:- 5. The petitioner Varda Ram herein claims to be having a long standing love affair with Mst. 'R' daughter of Padma Ram who eloped with Varda Ram on 20.01.2015. Shri Padma Ram lodged an FIR No.17/2015 at the Police Station Bali for the alleged kidnapping of his minor daughter. The medical examination of Mst. 'R' was got conducted at the General Hospital, Sirohi on 01.02.2015 for ascertaining her age. The Medical Officer issued a certificate dated 01.02.2015 as per which Mst. 'R' was certified to be above 18 years of age. The petitioner Varda Ram & Mst. 'R' claiming herself to be a major girl married each other on 03.02.2015 by executing documents and also by performing the requisite ceremonies. The marriage was also got registered before the Marriage Registration Officer, Gram Panchayat Bera Jetpura, Panchayat Samiti Shivganj, District Sirhoi on 26.03.2015. As the marriage was performed against the wishes of the parents of Mst. 'R', the spouses apprehended harm at their hands. Accordingly, Varda Ram and Mst. 'R' submitted a Criminal Misc. Petition No.640/2015 in this Court seeking quashing of the FIR No.17/2015 registered by Shri Padma Ram, father of Mst. 'R' at Police Station Bali for the offences under Sections 363 and 366 of the IPC and also praying for protection. Mst. 'R' as well as the petitioner Varda Ram personally appeared before this Court in the said miscellaneous petition on 16.03.2015 and the Court, taking note of the statement given by Mst. 'R' to the effect that she being a major girl had married Varda Ram of her own free will, stayed further proceedings of the FIR No.17/2015. The Court also directed the State of Rajasthan to provide appropriate security to the spouses. 'R' to the effect that she being a major girl had married Varda Ram of her own free will, stayed further proceedings of the FIR No.17/2015. The Court also directed the State of Rajasthan to provide appropriate security to the spouses. The matter was then listed in the Court on 25.03.2015 after service of all the parties on which date, the investigating officer was directed to make an inquiry about the age of Mst. 'R' and also to record her statement under Section 161 Cr.P.C. Mst. 'R' thereupon, appeared before the investigating officer on 01.04.2015 and her statement was recorded under Section 161 Cr.P.C. wherein, she stated that she developed intimacy with the petitioner Varda Ram about three months ago and left the house of her father and went away with Varda Ram of her own free will. Both of them executed marriage documents voluntarily and also, performed the necessary ceremonies of marriage at the Bhairon Ji Temple in presence of Nagaram Rebari. She specifically denied the suggestion that anybody had forced her to marry Varda Ram against her wishes and clearly asserted that she had married Varda Ram because of mutual love and affection and that she wanted to live with her husband. The statement of the petitioner Varda Ram was also recorded under Section 161 Cr.P.C. on the very same day wherein, the factum of he and Mst. 'R' having an affair and the performance of the voluntary wedding ceremonies was asserted. The investigating officer also got Mst. 'R' medically examined for ascertaining her age by presenting her before the Medical Officer, Primary Health Center, Mundara. The Medical Officer gave a report that Mst. 'R' was aged between 16 to 18 years. The statement of Dr. Shakti Singh who, conducted the medical examination of Mst. 'R' at the Government Hospital, Sirohi was also recorded and he stated that on medical examination, the age of Mst. 'R' was found to be above 18 years and below 20 years on the date of medical examination i.e. 01.02.2015. The investigation officer, concluded that the age of Mst. 'R' was about 17 years on the date of occurrence and thus the offence under Section 363 IPC was made out against the accused petitioner Varda Ram.The Miscellaneous Petition came to be listed before this Court on 22.05.2015. The investigation officer, concluded that the age of Mst. 'R' was about 17 years on the date of occurrence and thus the offence under Section 363 IPC was made out against the accused petitioner Varda Ram.The Miscellaneous Petition came to be listed before this Court on 22.05.2015. The Court observed that there was a contest between the parties regarding the medical report dated 01.04.2015 wherein, the age of Mst. 'R' was certified to be between 16 to 18 years and accordingly, it was directed that the medical examination of Mst. 'R' be got done through a medical board constituted at the Mahatma Gandhi Hospital, Jodhpur for the purpose of ascertaining her age. A medical board was thereupon constituted at the Mahatma Gandhi Hospital and after examining the girl a report dated 27.05.2015 was given by the Board to the effect that the age of Mst. 'R' was about 18 years. The radiologist gave an opinion that the radiological age of Mst. 'R' was between 17 to 19 years. All during this period, Mst. 'R' was living with the petitioner Varda Ram at the matrimonial home at village Bera Rampura. Mst. 'R' and Varda Ram also voluntarily appeared before the Inspector General of Police, Jodhpur Range and submitted an application dated 22.05.2015 requesting for change of the investigating officer. In the said application, the fact regarding the voluntary marriage of Mst. 'R' and Varda Ram was reiterated. It appears that things took an ugly twist on 03.06.2015 when, the father of Mst. 'R', her brother and numerous other persons after arming themselves with weapons trespassed into the house of Varda Ram and took away Mst. 'R' from the matrimonial home after assaulting Varda Ram & other inmates of the house. An FIR No.128/2015 was registered at the P.S. Shivganj in relation to the said incident for the offences under Sections 143, 452, 323, 363, 365 and 307 of the IPC. The statements of numerous witnesses, including the injured petitioner Varda Ram were recorded during the course of the investigation of the said FIR and they reiterated the story as set up in the FIR. The statements of numerous witnesses, including the injured petitioner Varda Ram were recorded during the course of the investigation of the said FIR and they reiterated the story as set up in the FIR. The injured were subjected to medical examination and were found to be having simple and grievous injuries on their persons.The girl could finally be located on 15.06.2015 and on that day, her statement was recorded under Section 161 Cr.P.C. In such statement, she gave out her age to be 17 years and entirely changed the story. She alleged that one Chhoga Ram called her on the phone and told that she was to be taken to meet her brother Sawa Ram. She went to Bijapur Bazar at about 2 O' clock in the afternoon where Chhogaram, Sonaram, Vardaram, Bharat Singh, Nagaram residents of Bera Rampura came and forcibly boarded her on to a Tavera vehicle standing at the bus stand, Bijapur. She was taken to the village Undri and was kept confined at a well for five days. There, Chhoga Ram, Varda Ram and Sona Ram raped her. She was given something intoxicating to drink. Then she was taken to the village Mosal. She was threatened to execute marriage documents and to give statements in favour of the accused in the High Court. She was threatened and brought to the High Court and was forced to give a statement in favour of the accused Varda Ram. Then, she was taken to Bera Rampura where, she stayed at the house of Varda Ram as his wife. After three months, she told Varda Ram that she wanted to meet her parents. Varda Ram threatened her that she and her parents would be killed. She was having a mobile phone through which, she called her brother Sawa Ram. On the next day, her father Padma Ram, brother Sawa Ram, Ashok and Bhagaram came to fetch her from Bera Rampura. She went out on to the road. She met her father and brothers on the road and accompanied them of her own free will. She was not forced by anybody to leave the house of Varda Ram. After she had gone out of the house of Varda Ram, a quarrel ensued between her brothers and Varda Ram wherein, both the parties received injuries. She then, accompanied her father and went back to Bijapur. The statement of Mst. She was not forced by anybody to leave the house of Varda Ram. After she had gone out of the house of Varda Ram, a quarrel ensued between her brothers and Varda Ram wherein, both the parties received injuries. She then, accompanied her father and went back to Bijapur. The statement of Mst. 'R' was then, recorded in connection with the investigation of the present FIR No.17/2015 under Section 164 Cr.P.C. on 30.06.2015 wherein, she virtually repeated the story as set up by her in the above referred statement recorded under Section 161 Cr.P.C. in connection with the investigation of FIR No.128/2015 registered at the Police Station Shivganj. Owing to the said development, the investigating officer arrested the petitioner Sona Ram and is seeking to arrest the petitioner Varda Ram in connection with the FIR No.17/2015 on which, the present bail applications have been filed. 6. I have heard the arguments advanced by the learned counsel for the petitioners, learned Public Prosecutor and the learned counsel representing the complainant and have gone through the case diaries of FIR No.17/2015, P.S. Bali and FIR No.128/2015, P.S. Shivganj. 7. On the face of the record, this Court is of the firm opinion that the subsequent story as set out in the statements of Mst. 'R' recorded on 15.06.2015 and 30.06.2015 after she was taken away from the house of Varda Ram appears to have been developed by exerting pressure and under coercion. Varda Ram allegedly took the girl Mst. 'R' away from her father's custody way back in January, 2015. She personally appeared before this Court on more than one occasions in connection with the Miscellaneous Petition No.640/2015 and despite available opportunities, the court was never apprised that she had been taken away by Varda Ram against her wishes or forcibly. The investigating agency appears to be working somehow or other to procure a medical report for proving the girl to be minor. The medical board constituted under this Court's direction at Mahatma Gandhi Hospital, Jodhpur has given an opinion that the age of the girl was about 18 years. The investigating officer has till date not concluded that the girl was minor on the date of the alleged occurrence. The documents as available on the case diary clearly reflect that a valid marriage ceremony was performed between Varda Ram and Mst. 'R' way back in the month of February, 2015. The investigating officer has till date not concluded that the girl was minor on the date of the alleged occurrence. The documents as available on the case diary clearly reflect that a valid marriage ceremony was performed between Varda Ram and Mst. 'R' way back in the month of February, 2015. The marriage was solemnised on 03.02.2015 and was also got registered by the duly authorised Registrar of Marriage. Thus manifestly, at no point of time before 15.06.2015, despite numerous available opportunities, the girl ever raised a probes that she had been taken away by Varda Ram or anybody else against her desire or that the marriage was performed under pressure or that she had been subjected to rape. It is further noteworthy that during the course of hearings of the miscellaneous petition before this Court, both the litigating parties were present and despite that, no protest was lodged regarding the girl having been forcibly taken away from the custody of her father. The contest prevailed only on the question regarding the age of Mst. 'R' Even in the later version as set out in the statement of the girl recorded under Section 161 Cr.P.C. on 15.06.2015 (during investigation of FIR No.128/2015) and on 30.06.2015 under Section 164 Cr.P.C. in the curent FIR after being taken away from the matrimonial home, she clearly stated that she was having a mobile phone with which she called her brother and parents who came there and she allegedly accompanied them of her own free will. If this was true and she was confined by Varda Ram against her wishes then there was hardly any reason for her to have kept silent for such a long period despite the availability of a mobile phone. Another significant fact as available on the case diary is that the girl and Varda Ram presented themselves before the Inspector General of Police, Jodhpur Range on 22.05.2015 and submitted an application with the allegation that the investigating officer was not investigating the matter fairly. Thus, on numerous occasions when the girl presented herself before this Court as well as before the high ranking police officials, no protest was made regarding her having been taken away and raped forcibly. The story as set out in the girl's statements recorded under Sections 161 and 164 Cr.P.C. after the registration of the FIR No.128/2015 is per-se unbelievable. Thus, on numerous occasions when the girl presented herself before this Court as well as before the high ranking police officials, no protest was made regarding her having been taken away and raped forcibly. The story as set out in the girl's statements recorded under Sections 161 and 164 Cr.P.C. after the registration of the FIR No.128/2015 is per-se unbelievable. The girl alleged that she called her brother through a mobile phone. Her father and brothers came to the village of the accused Varda Ram for fetching her. She came out on the road and then, went away with her father and brothers of her own free will. If the said version is accepted as true then there was no reason for Padma Ram and his sons to have trespassed into the house of Varda Ram and to have launched an assault on the inmates including Varda Ram. It is thus evident that the act of taking Mst. 'R' away from the house of Varda Ram was perpetrated forcibly after committing trespass in the house of Varda Ram and injuring the inmates in such process. The case diary of the FIR No.128/2015, P.S. Shivganj was summoned and perused. After investigation of the said FIR, the investigating officer has filed a charge sheet against Padma Ram and 10 more persons for the offences under Sections 452, 323, 325, 147, 148 and 149 IPC. If at all, the whole incident of Mst. 'R' leaving the house of Varda Ram as set out in her statements recorded under Section 161 Cr.P.C. and under Section 164 Cr.P.C. was so innocuous, then there was no reason for such a large assembly of persons to have gone to the house of Varda Ram and to have launched an attack. In this background, the case set up by the petitioners that Mst. 'R' was first forcibly taken away from the matrimonial home i.e. the house of Varda Ram and was then pressurised and coerced into giving a statement for falsely incriminating the accused in a case of rape cannot be brushed aside lightly. It may be further stated here that even in the statement of Mst. 'R'. 'R' was first forcibly taken away from the matrimonial home i.e. the house of Varda Ram and was then pressurised and coerced into giving a statement for falsely incriminating the accused in a case of rape cannot be brushed aside lightly. It may be further stated here that even in the statement of Mst. 'R'. recorded on 15.06.2015 under Section 161 Cr.P.C., she has given her description as wife of Varda Ram.An an upshot of the above discussion, but without expressing any opinion on the merits of the case, there are valid and just reasons to grant anticipatory bail to the petitioner Varda Ram and regular bail to petitioner Sona Ram. ORDER S.B. Criminal Misc. Bail Application No. 10068/2015The anticipatory bail application (10068/2015) preferred on behalf of petitioner Varda Ram is allowed and it is directed that in the event of arrest of petitioner Varda Ram S/o Shri Lakhama Ji in connection with the FIR No.17/2015, registered at Police Station Bali, District Pali, he shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- along with two sureties of Rs.25,000/- each to the satisfaction of the concerned Investigating Officer/ S.H.O. on the following conditions:- (i). that the petitioner shall make himself available for interrogation by a police officer as and when required; (ii). that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer; and (iii). that the petitioner shall not leave India without previous permission of the court. S.B. Criminal Misc. that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer; and (iii). that the petitioner shall not leave India without previous permission of the court. S.B. Criminal Misc. Bail Application No.11019/2015The bail application under Section 439 Cr.P.C. preferred on behalf of petitioner Sona Ram is allowed and it is directed that the petitioner Sona Ram S/o Shri Modaji arrested in connection with the F.I.R. No.17/2015, registered at Police Station Bali, 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.Any of the observations made herein above by the Court in this order shall be considered relevant for the purpose of deciding these bail applications only and shall not be considered prejudicial or effecting the further proceedings including investigation and trial.Criminal Misc. Bail Applications allowed. *******