Mukesh vs State Of Rajasthan
2021 Latest Caselaw 8821 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3262/2021

Mukesh S/o Ratanlal, Aged About 22 Years, Ghatiyapada Makhanpura, P.s. Danpur, District Banswara. (At Present Lodged At District Jail Pratapgarh).

                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through P.P
                                                                ----Respondent


For Petitioner(s)        :     Mr. Vijay Gaur
For Respondent(s)        :     Mr. Mahipal Bishnoi, PP with
                               Ms. Kamla Goswami
                               Mr. Ramdev Rajpurohit, for
                               complainant



           HON'BLE MR. JUSTICE SANDEEP MEHTA

                                Judgment

05/04/2021

The instant bail application under Section 439 CrPC has been

preferred by the petitioner who is in custody in connection with

the F.I.R. No.08/2020 registered at the Police Station Ghantali,

Pratapgarh for the offences under Sections 366 & 376 of the IPC.

Heard learned counsel for the petitioner, learned Public

Prosecutor, learned counsel for the complainant and perused the

material available on record.

The allegation as against the petitioner is of kidnapping and

subjecting the victim Mst. 'S' to rape. Initially, the FIR was

registered for the offences under the POCSO Act but as per

subsequent investigation, the victim was found to be above

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eighteen years of age as on the date of incident and thus, the

offences under the POCSO Act has been deleted from the array of

offences. The victim, upon being examined under Section 161

Cr.P.C., categorically stated that she was annoyed with her parents

because of her betrothal to elder brother of Mukesh. Thus, she

went to Makanpura and stayed at the house of Mukesh where

physical relations were established between her and Mukesh with

consent. However, when the victim was examined under Section

164 Cr.P.C. she alleged that Mukesh forcibly took her away on a

motorcycle and kept her confined at his house for two months.

There she was subjected to forcible sexual intercourse. Learned

counsel for the petitioner drew the court's attention to the affidavit

filed by the victim in the Sessions Court, Pratapgarh wherein she

has sworn that physical relationship between her and Mukesh

were purely consensual and even as on date, she is residing at the

house of the present petitioner.

Counsel Shri Ramdev Rajpurohit representing the victim

affirms the fact that the prosecutrix is indeed living at the house

of the present petitioner.

In this background and having regard to the entirety of the

facts and circumstances of the case, I am inclined to grant

indulgence of bail to the petitioner. Accordingly, the instant bail

application under Section 439 CrPc is allowed and it is directed

that the accused-petitioner Mukesh S/o Shri Ratanlal arrested in

connection with F.I.R. No.08/2020 registered at the Police Station

Ghantali, District Pratapgarh shall be released on bail; provided he

furnishes a personal bond of Rs.50,000/- and two surety bonds of

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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.

(SANDEEP MEHTA),J 4-Sudhir Asopa/-

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