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Judgment
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the challan papers.
2.0 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.298/2016, registered at Police Station
Rajiyasar for the offences under Sections 342, 376 and 120B IPC.
Learned counsel for the petitioner contends that the entire
case as set up by the prosecution against the petitioner is false
and fabricated. Drawing the attention of this Court to the
statements of the first informant Mst. K and the prosecutrix Mst. K
recorded under Section 161 Cr.P.C., he urged that both the ladies
admitted having strained relations with the petitioner due to
previous disputes. However, when the prosecutrix was examined
under Section 164 Cr.P.C., she denied knowing the present
petitioner from before. He thus urges that as the petitioner has
been falsely implicated in the case owing to a previous monetary
dispute, he deserves to be enlarged on bail.
Learned PP vehemently opposes the submissions advanced
by the petitioner''s counsel.
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 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 Rampratap arrested in
connection with the F.I.R. No.298/2016, registered at Police
Station Rajiyasar 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.