Sonu @ Sonaram vs State

Heard learned counsel for the petitioner and learned Public Prosecutor. 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.181/2016, registered at Police Station Bhopalgarh, District Jodhpur for the offences under Sections 365, 366 and 376 IPC.

Learned counsel for the petitioner points out that the prosecutrix is a major married woman. As per her statement recorded under Section 164 Cr.P.C., she went with the petitioner without raising any protest and stayed in a hotel where sexual relations were established between them. Learned counsel for the petitioner contends that relations between the petitioner and the prosecutrix were consensual and urges that the petitioner deserves to be enlarged on bail.

Learned Public Prosecutor opposes the submissions advanced by the learned counsel for the petitioner.

Any opinion by this Court on the merits of the prosecution story may prejudice the trial but having regard to totality of 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 Sonu @ Sonaram arrested in connection with the F.I.R. No.181/2016, registered at Police Station Bhopalgarh, District Jodhpur 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.