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2018 DIGILAW 1944 (RAJ)

Krishan Kumar Balai v. State of Rajasthan

2018-09-19

SANJEEV PRAKASH SHARMA

body2018
JUDGMENT : Sanjeev Prakash Sharma, J. This IInd bail application has been filed under Section 439 CrPC in connection With FIR No. 208/2018 registered at Police Station Neemkathana District Sikar for the offences under Section 363, 366A, 379 IPC and Section 4/6 Protection of Children from Sexual Offences Act. 2. The second bail application has been moved after charge-sheet has been filed by the accused petitioner. The case set up by the prosecution is that the accused petitioner has prepared a forged document i.e. Adhar Card and 10th class mark-sheet of the girl with whom he has married and it has been found in investigation that the actual date of birth was 12.1.2001 instead of 10.1.2000 as mentioned in the said certificate. Charges U/s 344, 363, 366A and 376, 467, 468, 471 and Section 3/4, 7/8 Protection of Children from Sexual Offences Act have been framed against the accused petitioner. 3. Learned counsel for the petitioner submits that from the statements recorded and placed along with charge-sheet, it does not reveal that the petitioner had prepared forged documents. The statements of the parents of the girl also reveal that girl herself had taken the documents and money from the house and had eloped with the accused-petitioner. Her statement under Section 164 Cr.P.C. has been recorded wherein the girl has stated that she has left her parents home on her own will and she married the accused-petitioner on her own will. Her age is shown in the 10th class certificate as produced by parents has been treated as ground to treat her as a minor. The age of minor is mentioned as 17 years while as per Adhar Card certificate submitted for marriage her age was above 18 years. 4. Learned PP also submits that documents produced were recovered from the possession of the girl and not from the accused petitioner. 5. Without commenting further on merits of the case and taking into consideration the change of circumstances and the submissions as noted above and likelihood of delay in a trial, 1 deem it appropriate to release the petitioner on bail. 6. There fore, this bail application is allowed and it is directed that accused petitioner Krishan Kumar S/o Shri Jeetaram shall be released on bail under Section 439 CrPC in connection with aforesaid FIR provided he furnishes a personal bond of Rs. 6. There fore, this bail application is allowed and it is directed that accused petitioner Krishan Kumar S/o Shri Jeetaram shall be released on bail under Section 439 CrPC in connection with aforesaid FIR provided he furnishes a personal bond of Rs. 20,000/- with two sureties in the like amount to the satisfaction of the concerned Magistrate with the stipulation that he shall comply with all the conditions laid down under Section 437 (3) Cr.P.C.