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Judgment
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 313/2020 registered
at Police Station Udhyog Nagar, District Kota, for the offence under Section(s) 376 of IPC and later on for the offence under Section(s) 376(2)(N)
and 328 of IPC.
It is contended by learned counsel for the petitioner that he has falsely been implicated in this case where FIR has been lodged with delay of three
months by the prosecutrix aged about 18 years. Drawing attention of this Court towards the statement of prosecutrix recorded under Section 161
CrPC as well as 164 CrPC, learned counsel for the petitioner submitted that even if the allegations are taken to be true, it is apparent that sexual
intercourse took place with her consent. He submitted that the petitioner is in custody since 14.7.2020, charge-sheet has been filed, trial of the case
will take time, he has no criminal antecedents and prayed for his release on bail.
Learned Public Prosecutor has opposed the bail application. Taking into consideration the submissions advanced by learned counsel for the petitioner,
the nature of allegations against him, his length of custody, filing of charge-sheet, absence of criminal antecedents and the material available in the
charge- sheet; but, without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the bail application is allowed and it is directed that accused-petitioner Arjun Rawal S/o Shri Gajanand Rawalshall be released on bail
under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in
the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the
satisfaction of the trial court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.