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2020 DIGILAW 740 (RAJ)

Mahesh Bheel v. State of Rajasthan

2020-12-18

MANOJ KUMAR VYAS

body2020
JUDGMENT Manoj Kumar Vyas, J. - This Criminal Misc. Bail Application has been brought under Section 439 of Cr.P.C. seeking regular bail in connection with F.I.R. No. 347/2018 registered with Police Station Anantpura, District Kota, for the offence/s punishable under Section 363 of I.P.C. 2. It has been submitted on behalf of the accused petitioner that the prosecutrix (victim) had gone on her own free will with the petitioner. The incident took place on 28.06.2018. The prosecutrix was recovered after 27 months. In the statement of the prosecutrix recorded under Section 164 Cr.P.C., she deposed that she had gone with the petitioner on her own free will and they have solemnized marriage. They have been living as husband and wife. She has also stated that the marriage was solemnised on her own free will and she is pregnant out of this marriage. It has been submitted that the victim is also having one son out of this marriage. 3. Learned Public Prosecutor has opposed the bail application. 4. Heard learned counsel for the petitioner as well as learned Public Prosecutor, perused the material available on record. 5. On consideration of the arguments/submissions of both the parties, perusal of material on record, nature of accusations and looking to the overall facts and circumstances of the case, but without commenting upon detailed merits of the case, this court deems just and proper to enlarge the accused petitioner on bail. 6. Accordingly, the bail application is allowed. Accused petitioner Mahesh Bheel S/o Sh. Mangilal Bheel, be released on bail in FIR No. 347/2018 registered with Police Station Anantpura, District Kota,, if he is not wanted in any other case, provided he furnishes a personal bond in the sum of Rs. 1,00,000/- (One Lakh) together with two sureties in the sum of Rs. 50,000/- (fifty thousand) each to the satisfaction of learned trial court with the stipulation that he shall appear before that court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.