The Rajasthan High Court granted bail under Section 439 Cr.P.C. to the accused charged under Section 376 IPC and POCSO. The court noted the prosecutrix's statements indicated she went with the petitioner voluntarily.
Release on bail under Section 439 Cr.P.C. conditioned upon executing a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 9155/2019
Murlidhar Rao S/o Shri Suresh Chandra Rao, Aged About 22 Years, Resident Of Mod Ka Nimbaheda, P.s. Asind, Dist. Bhilwara, Presently Residing In Rented House Of Sh. Tejpal Jain, Khadde Wali Chali, Potaliya Talab, Saraspur, Police Station Bapunagar, Ahemdabad (Gujarat). (At Present Lodged In Dist. Jail, Bhilwara)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Rajendra Charan For Respondent(s) : Mr. A.R. Choudhary, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
04/09/2019
Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
The petitioner has been arrested in connection with FIR No.116/2019 of P.S. Mandal, District Bhilwara for the offences punishable under Sections 342, 336-A, 376 of I.P.C. and Section 5/6 of POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is argued that the prosecutrix eloped with the petitioner as per her own free will and lived with him at several places, however, later on, the
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[CRLMB-9155/2019]
mother of the prosecutrix has lodged this false complaint against the petitioner.
Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case and having gone through the case diary, particularly the statements of prosecutrix recorded under Sections 161 and 164 Cr.P.C. wherein the prosecutrix has specifically stated that she went with the petitioner on her own free will and solemnized marrige with him, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Murlidhar Rao S/o Shri Suresh Chandra Rao shall be released on bail in connection with FIR No.116/2019 of P.S. Mandal, District Bhilwara provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(VIJAY BISHNOI),J
4-Babulal/-
1 issue framed by the court
Whether bail should be granted to the petitioner under Section 439 Cr.P.C. given the prosecution case that the accused was implicated falsely in a case involving falsified marriage allegations.
2 provisions across 2 enactments
Murlidhar Rao
State Of Rajasthan
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
