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2022 DIGILAW 706 (RAJ)

Karan Singh v. State Of Rajasthan

2022-03-02

RAMESHWAR VYAS

body2022
JUDGMENT Rameshwar Vyas, J. - The present second bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 61/2021 registered at Police Station Matoda, District Jodhpur for the offences under Sections 366, 376(D) & 120-B of I.P.C. 2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 3. Learned counsel for the petitioner submits that while rejecting the first bail application of the petitioner by this Court on 22.09.2021, the liberty was granted to the petitioner to file fresh bail application after recording the statement of the prosecutrix. 4. afterwards, the statement of the prosecutrix has been recorded before the trial court as PW-1. He further submits that the statement of the prosecutrix suggests that this is a case of consensusal relationship. The prosecutrix is a major girl aged 20 years. No force has been used against the prosecutrix. The petitioner is behind the bar since 26.05.2021. There is no other criminal antecedents against the petitioner. On the above grounds, learned counsel for the petitioner prays that the petitioner may be enlarged on bail. 5. On the other hand, learned Public Prosecutor has opposed the bail application. 6. Having regard to the rival contentions of the parties and upon a consideration of the facts and circumstances of the case more particularly considering the statement made by the prosecutrix as also the fact that the prosecutrix and the petitioner were known to each other, without commenting upon the merits of the case, this Court is of the opinion that the bail application under Section 439 of Cr.P.C. filed by the petitioner deserves to be accepted. 7. Consequently, the present second bail application under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner - Karan Singh @ Karni Singh S/o Hadman Singh arrested in connection with F.I.R. No. 61/2021 registered at Police Station Matoda, District Jodhpur shall be released on bail provided he furnishes a personal bond of Rs.1,00,000/- with two surety bonds of Rs.50,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.