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Judgment
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the challan papers.
The instant bail application under Section 439 Cr.P.C. has
been preferred on behalf of the petitioner who is in custody in
connection with F.I.R. No.145/2016, registered at Police Station
Chitawa for the offences under Sections 366 and 376 IPC.
The victim is a major girl. A missing person''s report was
lodged by the father of the victim in connection whereof, the
victim was traced out and her statement was recorded on
21.7.2016. In such statement, she clearly alleged that she
voluntarily left her parent''s home who were trying to marry her off
against her wishes. She contacted the petitioner and contracted
marriage with him with her own free will. The marriage was also
been registered. Later on, the FIR came to be filed and during the
course of investigation, when the prosecutrix was examined under
Section 164 Cr.P.C., she levelled an allegation that the petitioner
subjected her to rape under threat of disclosing her recordings.
Having regard to the facts and circumstances available on
record but without expressing any opinion on the merits of the
case, this Court is of the opinion that the petitioner deserves to be
released on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is
allowed and it is directed that the petitioner Chaina Ram arrested
in connection with the F.I.R. No.145/2016, registered at Police
Station Chitawa 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.