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2023 DIGILAW 544 (RAJ)

Naresh v. State of Rajasthan Through PP

2023-02-16

ASHOK KUMAR JAIN

body2023
ORDER 1. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner Naresh S/o Shri Narsingh Machar who is in custody at District Jail, Banswara in relation to F.I.R. No.81/2022, Police Station Sallotpat, District Banswara and Sessions case No.235/2022 State vs. Naresh for the offence punishable under Sections 366 and 376(2)(n) of IPC. 2. Learned counsel for the petitioner submits that the police after investigation has filed a charge-sheet and the present petitioner is not required for any investigation. He submits that the trial will take its own time and in baseless allegations, the present petitioner was arrested. He submits that prosecutrix is a major woman and her conduct itself indicates that she has voluntarily travelled to Gujarat and other places. He further submits that the statement of prosecutrix further indicates that after being bereft with the present petitioner, the prosecutrix has moved with a juvenile. He further submits that the story as narrated by the prosecutrix is highly unbelievable. He submits that this case was registered as the present petitioner fails to pay Rs.50,000/- as compromise amount to the claimant. He submits that petitioner is a poor man and his family will be impacted from his unnecessary incarceration. He further submits that no scientific evidence was recovered except the bald statement of prosecutrix, no other evidence is available on record against the present petitioner. 3. The aforesaid contentions are opposed by learned Public Prosecutor. 4. Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the case diary and material available on record. 5. After a registration of F.I.R., Police investigated the matter, a charge-sheet under Sections 366 and 376(2)(n) was filed against the present petitioner. Thus, the petitioner is no more required during the investigation. It is also available on record that the supplementary charge-sheet also be filed against one of the juvenile who was later found with the present prosecutrix. The allegations made by prosecutrix either in F.I.R. or supported in statement of 164 Cr. P.C. cannot be challenged at this stage. But the trial will take its own time. 6. Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced by the parties, without expressing any opinion on merits this Court is of the opinion that the petitioner deserves to be released on bail. 7. But the trial will take its own time. 6. Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced by the parties, without expressing any opinion on merits this Court is of the opinion that the petitioner deserves to be released on bail. 7. Consequently, the bail application is allowed and it is ordered that the accused-petitioner Naresh S/o Shri Narsingh Machar who is in custody at District Jail, Banswara in relation to F.I.R. No.81/2022, Police Station Sallotpat, District Banswara, for the offence punishable under Sections 366 and 376(2)(n) of IPC shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- 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 and further subject to the conditions that he will not indulge of any of the criminal activity after being released on bail.