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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.