Rajasthan High Court - Jodhpur
Surajmal vs State on 5 July, 2017
Author: P.K. Lohra
Bench: P.K. Lohra
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 4659 / 2017
Surajmal S/o Shri Chittarmal, Aged About 32 Years, By Caste
Kumawat, R/o Tal Ki Dhani, Nimbola Biswa, P.S. Thanwla, District
Nagaur.
(At Present Lodged in District Jail Nagaur)
----Petitioner
Versus
State of Rajasthan
----Respondent
_____________________________________________________
For Petitioner : Mr. N.K. Bohra,
For Respondent-State: Mr. A.S. Rathore, PP.
_____________________________________________________
HON'BLE MR. JUSTICE P.K. LOHRA
Order 05/07/2017 This bail application is filed by petitioner under Section 439 Cr.P.C., seeking bail in connection with FIR No.75/2016 of Police Station Peelwa, District Nagaur for offence punishable under Sections 342, 366-A and 376(2)(i) IPC and Section 3/4, 5 (j) Second/6 of POCSO Act.
It is argued by learned counsel for petitioner that petitioner has been falsely implicated in the matter inasmuch as there is prima facie proof about matrimony between victim and the petitioner. Learned counsel would contend that Exception 2 of Section 375 IPC clearly envisages that sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape. For substantiating this argument, learned counsel has placed reliance on the statements of victim recorded (2 of 2) [CRLMB-4659/2017] under Section 164 Cr.P.C., wherein she has admitted factum of matrimony and shown her age above 15 years. Lastly, learned counsel has submitted that petitioner is under incarceration since 28th of June 2016 and prima facie there is no evidence of sterling worth to implicate him for the commission of alleged offence.
Learned Public Prosecutor has vehemently opposed bail plea of petitioner Having regard to facts and circumstances of the case, without expressing any opinion on merits of the case, I feel persuaded to grant indulgence to the petitioner.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner, Surajmal S/o Chittarmal, arrested in connection with F.I.R. No.75/2016, Police Station Peelwa, District Nagaur may be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of 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.
(P.K. LOHRA)J. a.asopa/-34