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2017 DIGILAW 2374 (RAJ)

Kailash Meena v. State of Rajasthan

2017-11-01

P.K.LOHRA

body2017
ORDER : P.K. Lohra, J. 1. The instant bail application under Section 439 Cr.P.C. 1973 arises out of FIR No. 153/2017, registered at Police Station Arnod, District Pratapgarh, for offences under Sections 366, 342, 376 and 420 IPC. The FIR came to be registered on a complaint lodged by complainant-prosecutrix under Section 156(3) Cr.P.C. 1973. 2. Police after investigation has submitted charge-sheet in the matter against petitioner for the aforesaid offences. 3. It is argued by learned counsel for the petitioner that for the alleged offences of September, 2016 complaint was lodged on 14th of July, 2017 which eventually culminated into registration of FIR. It is also argued by learned counsel that even if it is assumed that complainant remained under confinement for three months then too the FIR is delayed by more than seven months. Learned counsel has further submitted that after investigation charge-sheet has already been filed in the matter. While referring to the statement of prosecutrix recorded under Section 164 Cr.P.C. 1973 learned counsel would contend that the same is not inspiring confidence inasmuch as for three long months no missing person report was lodged by her family members. In totality, learned counsel has urged that petitioner has been falsely implicated in the matter, and therefore, he may be enlarged on bail. 4. Learned Public Prosecutor has vehemently opposed the bail application of petitioner. It is argued by learned Public Prosecutor that looking to the serious delinquencies of petitioner he is not entitled for grant of bail. 5. I have bestowed my consideration to the arguments advanced at the Bar and perused the materials available on record. 6. Having regard to the facts and circumstances of the case, while refraining to make any comment on merits of the case, I feel persuaded to enlarge the petitioner on bail. 7. Accordingly, the bail application under Section 439 Cr.P.C. 1973 is allowed and it is ordered that accused-petitioner Kailash S/o Gautam Meena, arrested in connection with F.I.R. No. 153/2017, Police Station Arnod, District Pratapgarh, may be released on bail; provided he furnishes a personal bond of Rs. 50,000/- with two surety bonds of Rs. 25,000/- each to the satisfaction of 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.