HAWA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned Counsel for Petitioner as well as learned Public Prosecutor and perused material made available to me during course of arguments.

(2.) CONTENTION of learned Counsel for Petitioner is that allegation of rape against Petitioner is totally false. The prosecutrix in her statements recorded both under Section 164 and recorded in the court, she stated that she herself went to accused -Petitioner and that they stayed together for one month as husband and wife. Learned Counsel for Petitioner referred to statements of neighbours, namely, Sangeeta, Somveer Krishna, Praveen and Nirmala, to argue that these witnesses have stated that prosecutrix never complained against Petitioner. She always pretended to be wife of Petitioner and stated her name as Anju and that of Petitioner as Ramesh. learned Counsel submitted that the F.I.R. was in fact lodged by brother of prosecutrix against her husband on allegation that he may be responsible for her disappearance because he was not helping in tracing out her. It is in that FIR that recovery of prosecutrix was made. Despite repeated summons by trial court, so far none of the neighbour -witnesses appeared in the witness box and that statement of prosecutrix in the fact of the case does not at all inspire confidence. Petitioner is in jail for last more than one year. No witness has been produced in the court for last seven months. Trial may take a long.

(3.) AFTER considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to allow this bail application. It is therefore ordered that accused -Petitioner, namely, Hawa Singh Son of Ram Niwas, Resident of Madhana, District Mahendra Gargh (Haryana)(presently confined in Sub Jail Kotputli) be released on bail under Section 439 Code of Criminal Procedure, in FIR No.610/2009 registered at Police Station Kotputli, District Jaipur, for offence under Sections 323, 363, 328, 366, 376 and 379 IPC, provided he furnishes a personal bond in the sum of Rs. 30,000/ - with two sureties of Rs. 15000/ - each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so.