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2021 DIGILAW 1489 (RAJ)

Gautam Saini v. State Of Rajasthan

2021-08-13

MAHENDAR KUMAR GOYAL

body2021
JUDGMENT 1. The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.206/2021 registered at Police Station Mahila Thana District Alwar for the offence(s) under Section(s) 366, 376-D, 384 & 506 IPC and Sections 67-A & 67-B of the Information Technology Act, 2000 (for brevity "the Act of 2000"). 2. It is contended by learned counsel for the petitioner that the prosecutrix has levelled no allegation of subjecting her to rape against him either in the FIR lodged by her or in her statements recorded under Section 161 as well as under Section 164 CrPC. He submitted that the allegation against him does not constitute any offence beyond the provisions of the Act of 2000. He submitted that the petitioner is in custody since 01.07.2021, investigation as against him is complete, he has no criminal antecedents and prayed for his release on bail. 3. Learned Public Prosecutor has opposed the bail application. Taking into consideration the submissions advanced by learned counsel for the petitioner, the nature of allegations against him, his length of custody, the material contained in the case diary especially the contents of the FIR, statements of the prosecutrix recorded under Section 161 CrPC as well as under Section 164 CrPC and absence of criminal antecedents; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail. 4. Accordingly, the bail application is allowed and it is directed that accused-petitioner Gautam Saini S/o Shri Babu Lal Saini shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.