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Rajasthan High Court · body

2019 DIGILAW 3024 (RAJ)

Laxman Lal Meena v. State

2019-12-16

VIJAY BISHNOI

body2019
JUDGMENT Vijay Bishnoi, J. - 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 connection with FIR No.537/2019 of P.S. Banswara Kotwali, District Banswara for the offences punishable under Sections 456 and 376 I.P.C. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that allegation of sexual assault upon the prosecutrix on 8.9.2019 levelled against the petitioner is absolutely false. It is submitted that the petitioner and the prosecutrix are working in District Jail, Banswara as Jail Guards and relations between them were very cordial, however, the prosecutrix has filed complaint against the petitioner on 10.9.2019 alleging that the petitioner sexually assaulted her in her residential quarter. Learned counsel for the petitioner has submitted that quarter of the proxecutrix is situated among the quarters of other employees of Jail and it is difficult to comprehend that the petitioner had committed rape upon her forcibly in her residential quarter. Learned counsel for the petitioner has submitted that as a matter of fact, the relationship between the petitioner and the prosecutrix were consensual, however, later on, on account of some dispute, she has filed this false complaint against the petitioner. It is also submitted that charge-sheet has been filed and trial of the case will take time, therefore, the petitioner may be enlarged on bail. 4. Learned Public Prosecutor has opposed the bail application. 5. Having regard to the totality of the facts and circumstances of the case and having gone through the material available on record particularly the statements of other employees of Banswara Jail, who have specifically stated that relations between the petitioner and the prosecutrix were cordial and despite the incident of rape allegedly taken place on 8.9.2019, the prosecutix did not inform any of the employees of Jail who are residing there, on 9.9.2019 or on 10.9.2019 and has straightway filed complaint against the petitioner, 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 Sec.439 Cr.P.C. is allowed and it is directed that petitioner Laxman Lal Meena S/o Shri Vala Ji Meena shall be released on bail in connection with FIR No.537/2019 of P.S. Banswara Kotwali, District Banswara 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.