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Judgment
Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the FIR as well as the statement of the prosecutrix Mst.M aged about 24 years recorded under Section
164 Cr.P.C.
The instant bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioners who are in custody in connection with F.I.R. No.6/2017, registered at Police Station Kherwada, District Udaipur for the offences under Sections 376, 392 and 120-B IPC.
The FIR came to be lodged after a significant delay. The prosecutrix, in her statement recorded under Section 164 Cr.P.C. clearly stated that she left her father's house taking the educational documents with herself. She was allegedly forcibly boarded on to a car and taken to an unknown place where the petitioner Vinod Kumar subjected her to sexual intercourse. She further stated that Vinod took her to Ahmedabad where he married her and regularly subjected her to sexual intercourse. She did not raise any protest during this period. The marriage of the prosecutrix and the petitioner Vinod Kumar has been registered at Gujarat.
Thus, 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 petitioners deserve to be released on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is directed that the petitioners Mohan Lal and Vinod Kumar arrested in connection with the F.I.R. No.6/2017, registered at Police Station Kherwada, District Udaipur shall be released on bail provided they furnish a personal bond of Rs.50,000/- each 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.