NISHANT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.525/2022 registered at Police Station Suratgarh, District Sri Ganganagar, for offences under Ss. 450, 342, 376(2)(n) and 387 of the IPC.

(2.) Heard learned counsel for the petitioner as also the learned Public Prosecutor and perused the material available on record. Drawing the attention of the Court towards various documents annexed by the investigating officer with the charge-sheet, learned counsel representing the petitioner submitted that the petitioner, whose age is about 22 years and the complainant, aged about 28 years, had consensual relationship, however, when their relations became sour, the complainant, only with a view to teach a lesson to the petitioner, has filed the false FIR. Learned counsel further submitted that the FIR has been filed with an inordinate delay of more than two years which is indicating the fact that the complainant had entered in relationship with the petitioner of her own free will and volition. The petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner. Per contra, learned Public Prosecutor has opposed the bail application.

(3.) Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. Consequently, the bail application under Sec. 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Nishant S/o Krishna Kumar arrested in connection with F.I.R. No.525/2022 registered at Police Station Suratgarh, District Sri Ganganagar, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000.00 (Rupees Fifty Thousand) and two sureties of Rs.25,000.00 (Rupees Twenty Five Thousand) each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.