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2017 DIGILAW 1680 (RAJ)

Prem Singh Rohisa v. State of Rajasthan Through PP

2017-07-28

BANWARI LAL SHARMA

body2017
ORDER : Banwari Lal Sharma, J. The present Misc. bail application under section 439 Cr.P.C., 1973 is preferred by the Accused/petitioner Prem Singh Rohisa @ Prem Singh Panwar in the matter of FIR No. 193/2015 registered at Police Station Banipark, District Jaipur (West), for offences punishable under Sections 420, 465, 467 and 376 of IPC. 2. Since first bail application of present petitioner was dismissed as withdrawn with liberty to file subsequent bail application after recording the statement of prosecutrix on 09.02.2016. Thereafter, second bail application was disposed of considering the facts made by counsel for petitioner regarding filing application before learned Trial Court under Section 216 Cr.P.C., 1973 thereafter in pursuance of order dated 13.02.2017, petitioner moved an application for bail under Section 439 Cr.P.C., 1973 before learned Additional Sessions Judge (Women Atrocity Cases) No. 2, Jaipur Metro which was again dismissed by the learned Trial Court vide impugned order dated 11.04.2017, therefore this third bail application is preferred by the petitioner. 3. Learned counsel for petitioner submits that age of present petitioner is 45 years and the age of prosecutrix is 52 years, prosecutrix in her statement recorded under Sections 161, 164 and during trial admitted that she knows petitioner since 2006 and from the perusal of statement of prosecutrix, it reveals that she was married and without seeking legal divorce from her previous husband she contacted marriage with petitioner. It also reveals from her statement that it was in her knowledge that petitioner is also married, prosecutrix is literate lady and having her own business, she travelled with petitioner for Bombay, Jodhpur etc., her son is also graduate one and was there at the time of marriage with complainant, therefore it cannot be said that petitioner committed fraud with her or committed rape, the allegations regarding rape are apparently false and fabricated. 4. She submits that the allegation regarding cheating of Rs. 30 lacs is also false, in FIR she levelled allegation regarding cheating of Rs. 30 lacs but in her statement she admitted that payment was made to hotel owner at the time of marriage of her son, the dispute remains regarding dis-honouring of cheque amounting to Rs. 16,50,000/- for which criminal complaint is pending. She submits that petitioner is in custody for last two years, prosecutrix has already been examined and remaining trial shall take its own time, therefore petitioner may be released on bail. 16,50,000/- for which criminal complaint is pending. She submits that petitioner is in custody for last two years, prosecutrix has already been examined and remaining trial shall take its own time, therefore petitioner may be released on bail. Learned Public Prosecutor Mr. S.K. Saini opposed the bail application. 5. I have considered the submissions made at bar. On consideration of submissions made on behalf of the respective parties and the material made available for my perusal, therefore without expressing any final opinion on the merit and de-merit of the case and specially considering the period of detention of present petitioner and the fact that investigation has been completed, charge-sheet has been filed and prosecutrix has already been examined, I am inclined to grant benefit of bail to the accused-petitioner Prem Singh Rohisa @ Prem Singh Panwar. 6. Consequently, the bail application filed under Section 439 Cr.P.C., 1973 is allowed. 7. Therefore, it is ordered that the accused-petitioner Prem Singh Rohisa @ Prem Singh Panwar S/o Shri Mangalsingh in FIR No. 193/2015 registered at Police Station Banipark, District Jaipur (West), shall be released on bail; provided he furnishes a personal bond of Rs. 2,00,000/- and two surety bonds of Rs. 1,00,000/- each to the satisfaction of the learned trial court with the stipulation to appear before the Trial Court on all dates of hearing and as and when called upon to do so.