The court established that inconsistencies in the prosecutrix's allegations and the absence of a criminal record for the accused are critical factors in determining bail eligibility.

Headnote:
BAIL - CRIMINAL PROCEDURE - The court granted bail under Section 439 Cr.P.C. after considering the lack of initial allegations against the petitioner, the absence of criminal antecedents, and the completion of the investigation, indicating that the prosecutrix's later allegations may have been fabricated.
Fact of the Case:

The petitioner, charged under various sections of the IPC including rape, sought bail. Initially, the prosecutrix did not accuse him of any crime in her Missing Person Report statement, but later filed a complaint alleging rape.
Finding of the Court:

The court noted the inconsistency in the prosecutrix's statements and the absence of prior criminal history for the petitioner, leading to the conclusion that bail should be granted.
Issues: Whether the petitioner should be granted bail considering the prosecutrix's changing statements and the absence of criminal antecedents.
Ratio Decidendi: The court emphasized the importance of the prosecutrix's initial lack of allegations and the completion of the investigation as significant factors in deciding to grant bail.
Result: The bail application was allowed, and the petitioner was ordered to be released on bail upon furnishing a personal bond and sureties.

JUDGMENT

Anoop Kumar Dhand, J. - This bail application under Section 439 Cr.P.C. is laid by petitioner in connection with an FIR No.228/2021, registered at Police Station Taranagar, District Churu, wherein he is charged for offences punishable under Sections 366, 376(2)(n), 344 & 323 IPC.

2. It is contended on behalf of petitioner that in the proceedings of Missing Person Report statement of prosecutrix were recorded on 05.07.2021, in which she has not levelled any allegations of rape against the petitioner. Then, almost after two weeks later, she filed a criminal complaint against the petitioner alleging that rape was committed with her by the petitioner and the same story has been narrated in her statement recorded under Section 164 Cr.P.C. It is further argued that subsequently, the entire story was concocted by the prosecutrix with some ulterior motive. Learned counsel further submits that petitioner is not having any criminal antecedents and after completion of investigation, charge-sheet has been filed.

3. Per contra, learned Public Prosecutor has opposed the bail application.

4. Having heard learned counsel for the parties and considering the fact that in the earlier version, prosecutrix "D" has not levelled any sort of allegation against the petitioner and she is a major lady of the age of 23 years and subsequently the entire story was developed and since the petitioner is not having any criminal antecedents and after completion of investigation, charge-sheet has been filed, without expressing any opinion on merits of the case, I deem it just and appropriate to grant indulgence to the petitioner by enlarging him on bail.

5. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner Somveer S/o Choth Ram, arrested in connection with F.I.R. No.228/2021, Police Station Taranagar, District Churu may be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of 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.

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