LAWS(RAJ)-2020-9-42

ASHOK KUMAWAT Vs. STATE OF RAJASTHAN

Decided On September 17, 2020
ASHOK KUMAWAT Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) The instant bail application under Section 439 CrPC has been preferred by the petitioner Ashok Kumawat S/o Ganesha Ram, who is in custody in connection with the F.I.R. No.80/2020 registered at the Police Station Bajju, District Bikaner for the offences under Sections 376 and 452 IPC.

(2.) Brief facts relevant and essential for disposal of the bail application are noted hereinbelow. The petitioner and Neelam Bhadu, sister of the alleged victim Mst. 'P', who belong to different castes were involved in a love affair with each other. As expected, the family members of Neelam were opposed to this relationship because of the drastic caste difference issue. The petitioner and Neelam married each other on 03.09.2017. The family members of Neelam started threatening the petitioner and Neelam, on which both approached this court through a miscellaneous petition No.1259/2020 and the said petition was disposed of vide order dated 20.05.2020 in the following terms :-

(3.) The SHO, Police Station Bajju, District Bikaner also undertook proceedings under Section 107 and 116 CrPC against Manphool Singh, father of the alleged victim, on the basis of a complaint dated 07.05.2020 filed by the petitioner and Smt. Neelam. In the said complaint, notices were issued against Manphool Singh by the Executive Magistrate, Bajju and he was asked to file bonds to keep peace and be of good behaviour.