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2019 DIGILAW 1754 (RAJ)

Raj Kumar @ Raju v. State of Rajasthan, through P. P.

2019-06-04

DINESH MEHTA

body2019
JUDGMENT : 1. This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No. 87/2019, Police Station Mahila Thana, Hanumangarh, District Hanumangarh, for the offences under Sections 376 and 420 IPC. 2. Heard learned counsel for the petitioner and learned Public Prosecutor and also perused the material available on record. 3. Learned counsel for the petitioner submits that the complainant has filed a false case under Section 376 and 420 of the IPC, inasmuch as it was an admitted case of consensual physical relationship between the petitioner and the complainant Seema. 4. Inviting attention of the Court towards the impugned order passed by the learned trial court, he pointed out that it is on record that the petitioner had earlier filed a case against the complainant Seema, under Section 384, 388, 323 and 120B IPC, in which complainant entered into written compromise and specifically stated that the physical relationship they had, was with the consent. 5. Learned counsel for the petitioner has also filed a Photostat copy of such agreement (affidavit) dated 1.3.2019, executed between the petitioner and the complainant to strengthen his submissions. 6. Learned Public Prosecutor does not seriously oppose the grant of bail, more particularly, looking to the facts available on record. 7. Having regard to the facts and circumstances of the case and without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. 8. Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioner Raj Kumar @ Raju S/o Prthvi Raj arrested in FIR No. 87/2019, Police Station Mahila Thana, Hanumangarh, District Hanumangarh shall be released on bail; provided he executes personal bond in the sum of Rs. 50,000/- and two sureties 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.