Surendra Singh vs State

Heard learned counsel for the parties and perused the material available on record.

The petitioner(s) has/have been arrested in FIR No.0075/2019 of Police Station Mandore, Jodhpur for the offence(s) punishable under Section(s) 376, 312, 384 IPC.

He/she/they has/have preferred this/these bail application(s) under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the prosecutrix eloped with the petitioner on her own free will and solemnized marriage with him, however later on, on account of some dispute between their family members, FIR has been lodged levelling false allegation of sexual assault against the petitioner. It is submitted that now the dispute between the prosecutrix and the petitioner has been settled and now she is residing in the house of the petitioner and the same can be ascertained from the statements of the prosecutrix recorded under Section 164 Cr.P.C. It is further submitted that the prosecutrix is major and relations between her and the petitioner are consensual.

Learned Public Prosecutor has opposed the bail application, however, learned counsel for the complainant has confirmed that dispute between the petitioner and the prosecutrix has already been resolved and now she is residing in the house of the petitioner.

Having regard to the totality of the facts and circumstances of the case, after going through the case diary, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the petitioner(s) under Section 439 Cr.P.C.

Accordingly, this/these bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) - Surendra Singh S/o Sh. Bhanwar Singh shall be released on bail in connection with FIR No.0075/2019 of Police Station Mandore, Jodhpur provided he/she/they execute(s) a personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.