Kishan Singh S/o Shri Narayan Singh v. State of Rajasthan
2017-01-03
P.K.LOHRA
body2017
DigiLaw.ai
ORDER : P.K. LOHRA, J. 1. Accused-petitioner has preferred this bail application under Section 439 Cr. P.C. for seeking bail in connection with FIR No.262/2016 of Police Station Kudi Bhagtasni, District Jodhpur, wherein, he is charged for offences punishable under Section 376(d), 323, 427 and 458 IPC. 2. Learned counsel for the petitioner, Mr. Vishal Sharma, submits that the complainant has lodged earlier FIR against the petitioner bearing No.264/2015, wherein, offences under Section 376 and 493 IPC were slapped against him and in that case petitioner has already been enlarged on bail by this Court by order dated 05.11.2015. Learned counsel further submits that in fact, the complainant was having consensual relations with the petitioner and the entire story in the FIR has been blown out of proportion to pressurize him for divorcing his first wife. Learned counsel has also urged that the statement of prosecutrix, recorded under Section 164 Cr. P.C., are per se not inspiring confidence to prima facie prove the charges attributed against the petitioner. With all these submissions learned counsel has urged that petitioner is entitled to be enlarged on bail. 3. Learned Public Prosecutor has opposed the bail application in general and submits that looking to the serious allegation of 376(d) petitioner is not entitled for bail in the matter. 4. I have heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the requisite challan papers. 5. Upon perusal of the entire record of the case, I feel persuaded to grant indulgence to the petitioner in this bail application. 6. Accordingly, without expressing any opinion on the merits of the case the instant bail application is allowed and it is ordered that the accused-petitioner Kishan Singh S/o Shri Narayan Singh, arrested in connection with F.I.R. No.262/2016, Police Station Kudi Bhagtasni, District Jodhpur, 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 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.