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Rajasthan High Court · body

2019 DIGILAW 1182 (RAJ)

Kamlesh v. State, Through PP

2019-04-22

VIJAY BISHNOI

body2019
JUDGMENT 1. Heard learned counsel for the parties and also perused the material available on record. 2. The petitioner(s) has/have been arrested in FIR No. 40/2019 of Police Station Gangapur, Distt. Bhilwara for the offence(s) punishable under Section(s) 363, 366 and 376 IPC. He/she/they has/have preferred this/these bail application(s) under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that prosecutrix and the petitioner used to study together and during that time, they enterered into friendship. It is submitted that on 12.2.2019, the prosecutrix went with the petitioner on her own free will in his vagon car and remained with him for about 2 to 3 days. It is further submitted that the prosecutrix was recovered by the police on 15.2.2019 and her statement was recorded wherein, she has alleged that petitioner abducted her along with one other person, however, she has specifically stated that the petitioner had not sexually assaulted her. It is argued that later on, the prosecutrix in her statement recorded under Section 164 Cr.P.C. on 18.2.2019 has levelled allegation of sexual assault and kidnapping against the petitioner under pressure of her family members. It is further submitted that prosecutrix is major and she entered into friendship with the petitioner on her own free will. It is submitted that the petitioner is in judicial custody and investigation has already been completed from him. 4. Learned Public Prosecutor has opposed the bail application(s). 5. Having regard to the totality of the facts and circumstances of the case and after going 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 petitioner(s) under Section 439 Cr.P.C. 6. Accordingly, this/these bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) Kamlesh S/o Sh. Badri Lal Jat shall be released on bail in connection with FIR No. 40/2019 of Police Station Gangapur, Distt. Bhilwara provided he/she/they execute(s) a personal bond in the 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/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.