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Judgment
Heard learned counsel for the petitioner and learned Public Prosecutor as well as learned counsel for the complainant. Perused the material available on record.
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.385/2016, registered at Police Station Dhorimanna, District Barmer for the offences under Sections 365 and 376 /D IPC .
Shri Rathore urges that it is a case of consensual relations between two major persons which has been given a twist of rape for oblique motives. Drawing attention of the Court to Rojnamcha entry made at the P.S. Dhorimanna on 19.12.2016 at 7:45 PM, he urges that the petitioner and prosecutrix were apprehended by the police officers of the said police station while roaming in the village in suspicious condition and making a ruckus. The girl upon enquiry told that she had come with the petitioner of her own free
will. She divulge the name of her husband and father on which they were called and she was sent with her husband. The FIR of the incident was lodged on the next day whereupon, the petitioner and few more have been implicated for the offence of gang rape.
Shri Rathore ex-facie urges that looking to the sequence of events as narrated in the Rojnamcha entry, the whole story set up in the FIR and the statement of the prosecutrix recorded under Section
164 Cr.P.C. is false and fabricated and, therefore, the petitioner deserves to be enlarged on bail.
Learned P.P. and learned counsel for the complainant though vehemently oppose the submissions advanced by the petitioner's counsel but they too could not deny the facts as recorded in the proceedings undertaken under Section 107 and 151 Cr.P.C. at P.S.
Dhorimana on 19.12.2016. The gist of the report is reproduced herein below for the sake of ready reference :-
"VERNACULAR MATTER OMITTED"
Any comment on the merits of the case in light of the abovementioned sequence of events may prejudice the trial but having regard to the facts and circumstances available on record, 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 Ramjeevan @ Pappu arrested in connection with the F.I.R. No.385/2016, registered at Police Station Dhorimanna, District Barmer 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.