Mohammad Rafiq, J. - (1.) HEARD earned Counsel for Petitioner as well as learned Public Prosecutor and perused material made available to me during course of arguments.
(2.) CONTENTION of earned Counsel for Petitioner is that Petitioner has been falsely implicated in present case of rape whereas correct version is that prosecutrix accompanied the Petitioner on her own free will. In this connection, earned Counsel referred to statement of prosecutrix recorded under Section 164 Code of Criminal Procedure wherein she admitted to have gone with Petitioner and stayed with him for few days. She however stated that she had gone with Petitioner because her husband had deserted her and Petitioner had promised her to perform court marriage with her. When he did not keep the promise, she then went to Nanu Ram and now she wants to live with Nanu Ram. Earned Counsel submitted that father of prosecutrix in regard to very same incident earlier lodged an FIR against Petitioner for offence under Sections 363 and 366 of the IPC on 03.10.2009. The police filed final report in that matter on 13.10.2009. It is therefore a case of false implication. Petitioner is in jail since 04.02.2011. Trial may take a long. Learned Public Prosecutor opposed the bail application. After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to allow this bail application. It is therefore ordered that accused -Petitioner, namely, Gyanesur @ Gyanchandra Son of Jagdish Dhakhad, Resident of Khopar, Police Station Chhabra, District Baran (presently confined in Sub Jail, Chhabra) be released on bail under Section 439 Code of Criminal Procedure, in FIR No. 6/2011, Police Station Chhabra, District Baran, for offence under Sections 363, 366 and 376 IPC, provided he furnishes a personal bond in the sum of Rs. 30,000/ - with two sureties of Rs. 15000/ - each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so.
(3.) THE bail application stands disposed of.;