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Rajasthan High Court · body

2019 DIGILAW 3061 (RAJ)

Dinesh Kumar v. State

2019-12-17

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 FIR No.569/2019 of Police Station Pratapnagar District Bhilwara for the offences punishable under Sections 376, 341, 323, 452 IPC. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that the prosecutrix, in her statements recorded under Sections 161 and 164 CrPC, has admitted that she developed relationship with the petitioner as per her own free will. It is further submitted that the allegation of sexual assault against the petitioner is false. It is further submitted that the prosecutrix is a major married lady of 36 years of age and she was in consensual relationship with the petitioner. 4. Learned Public Prosecutor has opposed the bail application. 5. Having regard to the totality of the facts and circumstances of the case and after going through the statements of the prosecutrix recorded under Sections 161 and 164 CrPC wherein, she has specifically stated that she developed relationship with the petitioner as per her own free will with the hope that he would marry her, 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 Dinesh Kumar S/o Shri Shambhoo Lal Joshi shall be released on bail in connection with FIR No.569/2019 of Police Station Pratapnagar District Bhilwara 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.