Research › Search › Judgment

Rajasthan High Court · body

2019 DIGILAW 3071 (RAJ)

Guman Singh v. State of Rajasthan

2019-12-17

SANDEEP MEHTA

body2019
JUDGMENT Sandeep Mehta, J. - Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 2. The instant bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioner who is in custody in connection with F.I.R. No.184/2019, registered at Police Station Sheoganj, District Sirohi for the offences under Sections 366 and 376 (2) IPC. 3. Learned counsel for the petitioner contends that the prosecutrix is a major married woman aged 26 years having a child from her subsisting marriage with Abhay Singh. In her first statement recorded by the Investigating Officer she alleged that Guman Singh took her forcibly to visit various places in Gujarat and that he intended to marry her. She did not level any allegation of rape or intercourse in the said statement. The second statement of the prosecutrix was recorded on 26.09.2019 wherein she levelled allegations that the petitioner Guman Singh subjected her to rape and that she repeatedly asked the accused to marry her but he did not hold good to his prayer. Manifestly, as the prosecutrix was already married, there was no possibility of her marrying again during the lifetime of her husband. Thus, the contention of Shri Deora that it is a case of sexual relationship between two consenting adults does carry weight. 4. In this background and having regard to the facts and circumstances available on record but without expressing any opinion on the merits of the case, this Court is of the opinion that the petitioner deserves to be released on bail. 5. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Guman Singh arrested in connection with the F.I.R. No.184/2019, registered at Police Station Sheoganj, District Sirohi shall be released on bail provided he furnishes a personal bond of Rs.50,000/- and two surety bonds 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.