Kuldeep Mathur, J
This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.310/2023 at Police Station Sujangarh, District Churu for offence under Section 376-D of IPC.
Heard learned counsel for the petitioner as also the learned Public Prosecutor and perused the material available on record.
Learned counsel for the petitioner submitted that as per the prosecution, the petitioner and the co-accused persons mixed some intoxicants in the food of the prosecutrix and thereafter subjected her to sexual assault-rape. He further submitted that the petitioner has been falsely implicated in the present case. It was contended that the FIR has been lodged after three days of the alleged incident without furnishing any plausible explanation for the delay in lodging of the same.
Further, attention of the Court was drawn towards the injury report of the prosecutrix, wherein no internal or external injuries have been found on her body.
Lastly, attention of the Court was drawn towards an affidavit filed by the prosecutrix before this Court stating inter-alia that she is an illiterate lady and her thumb impressions were obtained on a plain paper which was used for lodging the FIR No.310/2023 at Police Station Sujangarh and she has no knowledge about the allegations levelled therein. In the affidavit, it is further mentioned that she was never subjected to sexual assault-rape by the present petitioner and therefore, she has no objection in case the petitioner is enlarged on bail.
Lastly, learned counsel for the petitioner submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.
Per contra, learned Public Prosecutor as well as learned counsel for complainant have opposed the bail application however, they submitted that since the parties have entered into a compromise and have decided to settle their disputes amicably in the spirit of Lok Adalat and as such, they have no objection if the petitioner is enlarged on bail.
Having considered the rival submissions, facts and circumstances of the case, so also the affidavit sworn by the prosecutrix wherein she has denied the factum of she being subjected to sexual assault-rape by the present petitioner, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Shree Ram Banjara S/o Shri Harji Ram arrested in connection with FIR No.310/2023 at Police Station Sujangarh, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/-each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.
