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Judgment
In the wake of second surge in the COVID-19 cases, the Court is functioning virtually and abundant caution is being maintained for the safety of all
concerned.
This Court perused the material available on record.
The petitioner has been arrested in connection with FIR No.62/2021 of Police Station Taranagar, District Churu for the offences punishable under
Sections 376(2)(N), 344, 384, 313, 450 & 201 IPC. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that the allegation against the present petitioner is that he engaged the prosecutrix in a love affair for a
period of three years and committed rape upon her, and also made an unlawful CD of the prosecutrix. He however, points out that an application was
preferred by the prosecutrix at Police Station Taranagar, wherein the prosecutrix has stated that she had willingly gone with the present petitioner and
he did not commit any rape upon her. Learned counsel also submits that the charge sheet in this case has already been filed.
Learned Public Prosecutor as well as learned counsel for the complainant opposed the bail application.
Having regard to the totality of the facts and circumstances of the case as also the fact that the charge sheet in this case has already been filed and
conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and
proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Mohammed Salim S/o Mohammed Iliyas
shall be released on bail in connection with FIR No.62/2021 of Police Station Taranagar, District Churu provided he executes a personal bond in a sum
of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on
each and every date of hearing and whenever called upon to do so till the completion of the trial.