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Rajasthan High Court · body

2019 DIGILAW 1127 (RAJ)

Rakesh Kumar @ Kalu v. State, Through PP

2019-04-12

VIJAY BISHNOI

body2019
JUDGMENT 1. Heard learned counsel for the parties and also perused the material on record. 2. The petitioner has been arrested in FIR No. 377/2018 of Police Station Bhadara, District Hanumangarh for the offences punishable under Sections 376(D), 366, 384, 342, 120-B IPC. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is argued that the prosecutrix is major; developed relationship with the petitioner as per her own free will and also solemnized marriage with the petitioner on 04.10.2018 at Bhadara. It is submitted that when husband and family members of the prosecutrix came to know about the fact that the prosecutrix solemnized marriage with the petitioner, they came to the house of the petitioner along with the police, however at that time the prosecutrix had specifically stated that she came to the house of the petitioner as per her own free will and went with her husband. It is submitted that later on, on 12.10.2018 a false FIR was lodged by the prosecutrix regarding an incident of dated 04.10.2018 levelling false allegations of kidnapping and sexual assault against the petitioner. Learned counsel has submitted that the petitioner has falsely been implicated in this case and therefore he may be enlarged on bail. 4. Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application. 5. Having regard to the totality of the facts and circumstances of the case and having gone through the case diary, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. 6. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Rakesh Kumar @ Kalu S/o Shri Shish Pal shall be released on bail in connection with FIR No. 377/2018 of Police Station Bhadara, District Hanumangarh provided he executes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.