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2019 DIGILAW 115 (RAJ)

Badri Singh v. State of Rajasthan, Through PP

2019-01-09

VIJAY BISHNOI

body2019
JUDGMENT 1. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record. 2. The petitioner has been arrested in FIR No. 92/2018 of Police Station Amet, District Rajsamand, for the offences punishable under Sections 363, 366, 376 IPC and Section 3/4 of the Protection of Children from Sexual Offence Act, 2012. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that the prosecturix eloped with the petitioner in January, 2018 and FIR in relation to the same was filed by the father of the prosecutrix for the first time on 06.04.2018. It is further submitted that the prosecturix was recovered by the police in December, 2018 and her statement was recorded under Section 161 CrPC, wherein she has specifically stated that she went with the petitioner as per her own free will and solemnized marriage with him and out of the said wedlock, they have a two months daughter. The prosecutrix has repeated the same in her statement recorded under Section 164 CrPC. Learned counsel has further submitted that the prosecutrix is legally wedded wife of the petitioner and resided with him as per her own free will. It is further submitted that the police have not collected admission form of the school where the prosecutrix was admitted for the first time and there is no evidence available on record to suggest that on the date of incident, the prosecutrix was below 18 years of age. Learned counsel further submitted that charge-sheet has already been filed and the trial of the case will take time. 4. Learned Public Prosecutor has opposed the bail application. 5. Having regard to the totality of the facts and circumstances of the case, 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 Badri Singh S/o Sh. Kishan Singh, shall be released on bail in connection with FIR No. 92/2018 of Police Station Amet, District Rajsamand, provided he executes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureties of Rs. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Badri Singh S/o Sh. Kishan Singh, shall be released on bail in connection with FIR No. 92/2018 of Police Station Amet, District Rajsamand, 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.