Rajasthan High Court - Jaipur
Ashok Kumar@Karan@Kannu@Ajay@Asha ... vs State Of Rajasthan Through Pp on 4 January, 2019
Author: Sabina
Bench: Sabina
(1 of 2)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. CRIMINAL MISC. BAIL APPLICATION NO.
14309/2018
Ashok Kumar @ Karan @ Kannu @ Ajay @ Asha Ram S/o
Shri Prahlad Singh, B/c Daroga, Aged About 28 Years, R/o
Ward No. 5, Ghosi Mohalla, Devli, Police Station, Devli,
District Tonk And Presently Residing At Piplund, Police
Station, Jahajpura, District Bhilwara.
(Petitioner Is In Judicial Custody In Jail Ajmer)
----Petitioner
Versus
State of Rajasthan Through PP
----Respondent
__________________________________________ For Petitioner : Mr. Manish Gupta For Respondent : Mr. Ram Ratan Gurjar, P.P. __________________________________________ HON'BLE MRS. JUSTICE SABINA Judgment 04/01/2019 Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') seeking regular bail in F.I.R. No.150/2018 registered at Police Station Kekri, District Ajmer for the offence under Sections 363, 366, 366-A, 376, 376(2)(I)(N) Indian Penal Code, 1860 and Sections 3/4, 5(L)/6, 5(j)(ii)/6 of Protection of Children from Sexual Offences Act, 2012.
Learned counsel for the petitioner has submitted that prosecutrix in her statement under Section 161 Cr.P.C. has stated that her marriage was performed with Raju and she had gone to her in-laws house on 2/3 occasions. She became friendly with the petitioner and fell in love with him. They developed physical relations and due to this reason, she was (2 of 2) carrying a pregnancy of about two months. The said statement was recorded on 26.05.2018. However, when the statement of the prosecutrix was recorded under Section 164 Cr.P.C. on 4.6.2018, she levelled allegation of commission of offence of rape against the petitioner under the influence of her family members. Petitioner could not perform marriage with the prosecutrix as she had not got a divorce from her husband. Petitioner is in custody since 26.05.2018. Challan has already been presented in the court and conclusion of trial may take time.
Learned State Counsel, has opposed the petition. Keeping in view the facts and circumstances of the case, it would be just and expedient to order the release of the petitioner on bail.
Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to bail subject to satisfaction of the Trial Court.
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