The court considered the delay in filing the FIR and the nature of the relationship between the petitioner and the prosecutrix in granting bail under Section 439 Cr.P.C.

JUDGMENT

1. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.233/2019, Police Station Mahila Thana, District Srigangangar, for the offences under Section 376(2)(n)(h) of IPC.

2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioner submits that the prosecutrix is closely relative to the present petitioner. She is a divorced lady and the petitioner was having relationship with her for last more than one and a half years. The F.I.R. has been lodged after a delay of one year from the date of incident. The charge-sheet in the case has been filed. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be enlarged on bail.

4. The learned Public Prosecutor opposes the bail application. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

5. Consequently, the present bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Naresh Kumar S/o Purushotam Das arrested in connection with F.I.R. No.233/2019, Police Station Mahila Thana, District Srigangangar shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) 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.