Shanu Saini vs State Of Rajasthan

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.538/2020 registered

at Police Station Kunhadi District Kota City for the offence(s) under Section(s) 376 & 384 of IPC and Section 67-A of the I.T. Act and later on for

the offences under Section 384 & 376 of IPC, Section 3/4 of the POCSO Act and Section 67-A of the I.T. Act.

It is contended by learned counsel for the petitioner that his engagement with the prosecutrix, a major girl, has already taken place and before their

marriage could take place, he came to be falsely implicated in this case. Relying on the affidavit of the prosecutrix attested on 14.11.2020, learned

counsel for the petitioner submitted that the matter has been amicably settled between the parties and the prosecutrix has specifically stated therein

that the FIR came to be lodged under misconception and she does not want to prosecute the matter further against the petitioner. He submitted that

the petitioner is in custody since 22.11.2020, investigation as against him is complete, trial of the case will take time, he has no criminal antecedents

and prayed for his release on bail.

Learned Public Prosecutor has opposed the bail application. Learned counsel appearing for the complainant acknowledging the contents of the

affidavit submitted by the prosecutrix, submitted that he has no objection if the petitioner is extended benefit of bail.

Taking into consideration the submissions advanced by learned counsels for the respective parties, the nature of allegation against the petitioner, his

length of custody, absence of criminal antecedents and the material available in the case diary; but, without expressing any opinion on the merits of the

case, this Court deems it just and proper to enlarge the petitioner on bail.

Accordingly, the bail application is allowed and it is directed that accused-petitioner Shanu Saini S/o Prabhu Lal Mali shall be released on bail under

Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum

of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of

the trial court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.