PREM LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties as well as perused the material available on record. The instant application for bail has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner, who is in custody in relation to F.I.R. No.169/2023 dtd. 30/9/2023, registered at Police Station Mavli, District Udaipur, for the offences under Ss. 376 and 458 of IPC. Learned counsel for the petitioner submits that the petitioner has been wrongly foisted in the case as it is a case of consensual relationship between the petitioner and the complainant. Learned counsel for the petitioner submits that the complainant in her statement recorded under Sec. 164 Cr.P.C., has stated that since last five years, the petitnioer was forcefully committing rape upon her. He also submits that as per the allegations levelled upon the petitioner by the complainant that on 8/9/2023,the petitioner forcefully entered the house of the complainant and tried to outrage her modesty but as his family members came to the complainant's house, the petitioner ran away and the complainant also left the house without informing anyone, as she was frightened of being defamed. Learned counsel for the petitioner also submits that the said incident took place on 8/9/2023 and the FIR was lodged on 30/9/2023, i.e. after a delay of 22 days.

(2.) Learned Public Prosecutor opposes the bail application and submits that it is not a fit case to grant indulgence of bail to the petitioner. He also submits that notice have been served upon the complainant. In view of the submissions made hereinabove and after perusal of the statement of the prosecutrix recorded under Sec. 164 Cr.P.C. and the FIR, it appears that it is a case of consent between the petitioner and the complainant.

(3.) Thus, in view of the above and having regard to the entirety of facts and circumstances of the case as available on record and looking to the fact that the trial will consume time and without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the petitioner deserves to be enlarged on bail. Consequently, the bail application is allowed. It is ordered that the accused-petitioner namely Prem Lal S/o Shri Shanti Lal in relation to the F.I.R. No.169/2023 dtd. 30/9/2023, registered at Police Station Mavli, District Udaipur, shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000.00 and two surety bonds of Rs.25,000.00 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.