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2019 DIGILAW 430 (RAJ)

Gajheng v. State of Rajasthan

2019-02-06

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.214/2018 of Police Station Sajjangarh for the offences punishable under Sections 343, 363, 366 and 120-B IPC. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is argued that daughter of the complainant eloped with the son of the petitioner on 27.10.2018 and lived with him up to 17.12.2018 in Gujarat. It is further argued that the complainant has filed false FIR alleging that the petitioner and his son were involved in kidnapping his daughter. Learned Public Prosecutor has opposed the bail application. Heard learned counsel for the parties and persused the case diary. 4. The daughter of the complainant was recovered on 17.12.2018 and her statement was recorded by the police under Section 161 Cr.P.C. wherein, she has specifically stated that she went with the son of the petitioner to Gujarat on her own free will and lived with him there. She has further stated that both of them had done some labour work in Gujarat. She has not named the petitioner in her statement recorded under Section 161 Cr.P.C., however later on, on 19.12.2018, her statement was recorded under Section 164 Cr.P.C. wherein, she has alleged that the petitioner along with his son kidnapped her, however, the allegation of sexual assault is against son of the petitioner only. 5. Having regard to the totality of the facts and circumstances of the case, 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 - Gajheng S/o Ratan Singh shall be released on bail in connection with FIR No.214/2018 of Police Station Sajjangarh provided he executes a personal bond in the 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/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.