Rajasthan High Court - Jaipur
Benigulab@Bunty S/O Shri Nemichand B/C ... vs State Of Rajasthan Through Pp on 10 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.
444/2019
Benigulab @ Bunty S/o Shri Nemichand, B/c Nayak, Aged
About 22 Years, R/o Bhuma Bada, Tehsil Laxmangarh, District
Sikar Raj.
(At Present Accused Confined In District Jail Sikar)
----Petitioner
Versus
State of Rajasthan Through PP
----Respondent
__________________________________________ For Petitioner : Mr. Amit Singh Shekhawat For Respondent : Mr. R.S. Raghav, P.P. __________________________________________ HON'BLE MRS. JUSTICE SABINA Judgment 10/01/2019 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.13/2018 registered at Police Station Balara, District Sikar for the offence under Section 363, 366 Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.') and Section 3/4 of Protection of Children from Sexual Offences Act, 2012 in alternative Section 376 I.P.C.
Learned counsel for the petitioner has submitted that, in-fact, the petitioner and the prosecutrix were having a love affair. On 11.02.2018, when the prosecutrix was recovered she made a statement under Section 161 Cr.P.C., that she had left her house alone and had not taken with her any jewellery articles or any money in cash. However, when the (2 of 2) statement of the prosecutrix was recorded again on 17.02.2018, she has levelled allegation of commission of offence of rape against the petitioner under the influence of her family members. Statement of the prosecutrix was recorded under Section 164 Cr.P.C. on 14.02.2018, wherein, she has again levelled allegation of commission of offence of rape against the petitioner under the influence of her family members. Petitioner is in custody since 18.02.2018. 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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