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2019 DIGILAW 3074 (RAJ)

Daya v. State of Rajasthan

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.350/2019 of Police Station Kushalgarh, District Banswara for the offences punishable under Sections 366 and 376(2)(n) of IPC. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that allegations against the petitioner of kidnapping and sexual assault are absolutely false. It is argued that there is a delay of around one and half months in filing the complaint against the petitioner. It is further submitted that the prosecutrix is married lady of thirty five years of age; she eloped with the petitioner as per her own free will and lived with him for about one month at various places. It is submitted that later on, when she returned to her house, she filed this false complaint against the petitioner under pressure of her family members. 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 taking into consideration the fact that there is a delay of more than one month in filing the FIR and the prosecutrix lived with the petitioner for about one month at various places, 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 Daya S/o Shri Jaga Surawat shall be released on bail in connection with FIR No.350/2019 of Police Station Kushalgarh, 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.