Suresh Kumar S/o Shri Fulla Ram vs State of Rajasthan

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.135/2016 registered at Police Station Sumerpur, District Pali for the offences under Sections 366, 376 and 120B IPC.

The prosecutrix is a major woman. She was admittedly married to the petitioner about 16 years ago. In her statement recorded under Section 164 Cr.P.C., she alleged that she had procured a divorce from the petitioner from the Court but the petitioner forcibly abducted her and her children and subjected her to sexual assault despite the fact that they had been divorced. The so-called divorce of the prosecutrix from the petitioner has not been procured by the I.O. during investigation. The prosecutrix admittedly stayed with the petitioner for a period of four months without raising any protest whatsoever.

Thus, 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 Suresh Kumar deserves to be released on bail.

Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Suresh Kumar arrested in connection with the F.I.R. No.135/2016 registered at Police Station Sumerpur, District Pali 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.