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Judgment
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R.
No.304/2019, Police Station Pipad City, District Jodhpur for the offence under Section 376 of IPC.
Heard learned counsels for the parties. Perused the material available on record.
Learned counsel for the petitioner submits that the petitioner and the prosecutrix are known to each other since childhood. Since, they have studied
together, there was a close friendship. He further submits that during the course of the companionship, both have indulged into sexual activity also.
Learned counsel submits that there was no intention to cheat the prosecutrix for doing the sexual intercourse on the promise of getting married with
her. It was a natural course in which since both of them have grown together, developed into such relationship. Therefore, it is prayed that the
petitioner may be enlarged on bail.
Per contra, learned Public Prosecutor & learned counsel for the complainant have vehemently opposed the bail application. Learned Public Prosecutor
supported by the learned counsel for the complainant submits that the facts of the case clearly demonstrated that there was intention to cheat in the
mind of the present petitioner right from the beginning.
Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail
application filed by the petitioner deserves to be accepted.
Consequently, the present bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Ravindra Sangwa S/o
Dharmaram arrested in connection with F.I.R. No.304/2019, Police Station Pipad City, District Jodhpur shall be released on bail; provided he furnishes
a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) 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.