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Judgment
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record & case diary.
The present bail application has been filed under Section 439
Cr.P.C. on behalf of the petitioner, who is in custody in connection
with F.I.R. No.447/2016, Police Station Kotwali, Pali for the
offences under Sections 452, 376, 383 and 342 / 34 IPC, Section
67 A, B of IT Act and Section 3(1)(R)(W)3(2)(5) of the SC/ ST Act .
Counsel for the petitioner submits that the entire case as set
up by the prosecutrix in the FIR and in her statement under
Section 164 Cr.P.C. is false. The prosecutrix is a major woman who
had divorced her husband. She contracted marriage with the
petitioner voluntarily and stayed with him for a period in excess of
four months whereafter, relations fell out and the FIR came to be
lodged. He contends that the I.O. has also concluded that there
was a relationship of husband and wife between the petitioner and
the prosecutrix. He thus prays that the petitioner deserves to be
released on bail.
Learned P.P. vehemently opposes the submissions advanced
by the petitioner''s counsel. However, he too is not in a position to
dispute the fact that the I.O. upon concluding investigation has
reached to the conclusion that the petitioner and the complainant
were having long standing love affairs and contracted marriage
with each other. Thereafter, they stayed in a rented house in
Indira Colony. The petitioner''s parents divested him from the
property and due to this, there was a dispute between the spouses
and relationship fell out.
In view of the above conclusions of the I.O. and having
regard to the entirety of the facts and circumstances as available
on record and upon a consideration of the arguments advanced at
the Bar but without expressing any opinion on the merits of the
case, this Court is of the opinion that the bail application filed by
the petitioner deserves to be accepted.
Consequently, the bail application is allowed. It is ordered
that the accused-petitioner, Arvind arrested in connection with
F.I.R. No.447/2016, Police Station Kotwali, Pali shall be released
on bail; provided he furnishes a personal bond of Rs.50,000/- and
two surety bonds of Rs.25,000/- each to the satisfaction of the
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.