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Judgment
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
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.61/2015, Police Station Peelwa, District Nagaur for the offences under Sections 366, 376(2)(M) & (N) r/w 149 IPC .
The prosecutrix is a 20 years old married woman. She was staying at her father's house and went missing on 12.4.2015. A missing person'' report was lodged at P.S. Peelwa and in relation thereto, the prosecutrix was discovered and examined on
27.4.2015. In such statement, she did not level any kind of allegation against anybody but rather stated of affairs with the present petitioner and expressed desire to go with him.
Thereafter, the FIR came to be lodged. The prosecutrix was examined under Section 164 Cr.P.C. on 14.5.2015 and in such statement, she attributed allegation of rape to Om Prakash, Kanaram, Jairam, Parasaram and Kesaram. The police filed charge-sheet only against the present petitioner. In the charge-sheet, it is clearly mentioned that the petitioner and prosecutrix were having illicit relations for last two years and both of them went away consensually and also executed marriage documents.
Thus, 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, Jairam arrested in connection with F.I.R. No.61/2015, Police Station Peelwa, District Nagaur 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.