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Rajasthan High Court · body

2019 DIGILAW 981 (RAJ)

Shankar Lal v. State of Rajasthan, Through PP

2019-04-02

VIJAY BISHNOI

body2019
JUDGMENT 1. Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record. 2. The petitioners have been arrested in FIR No. 06/2018 of Police Station Semari, District Udaipur for the offences punishable under Sections 366 and 376/34 of IPC. They have preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioners has submitted that petitioners have falsely been implicated in this case. It is submitted that the complainant lodged an FIR on 12.01.2018 while alleging that petitioners had abducted his sister on 11.01.2018 at 7.00 PM. It is submitted that in the said FIR after thorough investigation, the police proposed to file negative final report on 30.01.2018 and the same was presented before the concerned court, however, on the instructions of the concerned court, further investigation was conducted and statements of the prosecutrix were recorded under Section 164 Cr.P.C., wherein she has alleged that petitioners had abducted her and thereafter petitioner No. 2 sexually assaulted her. It is submitted that as a matter of fact, the prosecutrix in her statement recorded under Section 161 Cr.P.C. has specifically stated that she went with the petitioner No. 2 as per her own free will and also solemnized marriage with him. Later on, she levelled false allegations against the petitioners of kidnapping and sexual assault in her statement recorded under Section 164 Cr.P.C. under pressure of her family members. It is also submitted that statements of the prosecutrix under Section 164 Cr.P.C. were recorded after around four months of recording of her statements under Section 161 Cr.P.C. It is also submitted that the petitioners have been made accused as the trial court took cognizance against them vide order dated 14.02.2019 and summoned them through warrant of arrest. 4. Learned Public Prosecutor has opposed the bail application. 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 petitioners under Section 439 Cr.P.C. 6. 4. Learned Public Prosecutor has opposed the bail application. 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 petitioners 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 petitioners Shankar Lal S/o Shri Lalu Patel and Shri Teja S/o Shri Lalu Patel shall be released on bail in connection with FIR No. 06/2018 of Police Station Semari, District Udaipur provided each of them 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.