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2019 DIGILAW 868 (RAJ)

Dheeraj Kumar v. State of Rajasthan, Through P. P.

2019-03-15

VIJAY BISHNOI

body2019
JUDGMENT 1. 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. 26/2019 of Police Station Chohtan, Barmer for the offences punishable under Sections 354-C, 384, 376(1) and 323 of IPC. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case and allegation of sexual assault against him is false. It is submitted that as a matter of fact, the petitioner and the prosecutrix have solemnized marriage as per their own free will at Gaziabad and thereafter lived together for several months in Jodhpur. It is submitted that as some dispute arose between them, the petitioner left his house and went to Jaisalmer, then the prosecutrix lodged this false FIR against the petitioner. It is also submitted that petitioner is in judicial custody, therefore, he may be enlarged on bail. 4. Learned Public Prosecutor as well as counsel for the complainant have opposed the bail application. 5. Having regard to the totality of the facts and circumstances of the case and after going through the case diary, in which statements of the prosecutrix are available, which were recorded under Sections 161 and 164 Cr.P.C., wherein she has specifically stated that she solemnized marriage with the petitioner on 08.10.2018 at Gaziabad and thereafter lived with him at Jodhpur in a rented accommodation, 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 Dheeraj Kumar S/o Sh. Jagdish shall be released on bail in connection with FIR No. 26/2019 of Police Station Chohtan, District Barmer 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.