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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.