Pratap Nath @ Prabhat Nath vs State of Rajasthan

Ms. Nirmaljit Kaur, J.—The present bail application has been filed under Section 439 of Cr.P.C. The petitioner has been arrested in connection with FIR No. 212/2014, Police Station Bijoliya, District Bhilwara for the offence under Sections 376, 366 of the IPC.

This is the second bail application. The same has been filed after the statements of the father and the prosecutrix have been recorded.

Learned counsel for the petitioner states that as per the statement of the father himself, he would have got them married in case, he knew that there was relationship between the petitioner and the prosecutrix. It is further contended that the statement of the prosecutrix does not inspire confidence as much as the same is disbelieved qua all the co-accused and the challan was filed only against the present petitioner. Further, as per the statement of the prosecutrix, they are close relatives and knew each other since long. The prosecutrix is married girl of 23 years, whereas the petitioner is aged 20 years and that the story put forward by the prosecution is highly improbable.

Without commenting on the merit of the case lest its affect the merits of either side, this Court deems it just and proper to release the petitioner on bail.

Accordingly, the bail application under Section 439 of Cr.P.C. is allowed and it is ordered that the accused-petitioner Pratap Nath @ Prabhat Nath S/o Khana Nath @ Kana Nath Kalbeliya shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs. 50,000/- with two sureties of Rs. 25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.