The court established that the presumption of innocence and the right to personal liberty are paramount, particularly in cases where the allegations involve a consensual relationship with a promise of marriage.

Headnote:
BAIL - CRIMINAL PROCEDURE - The court granted bail to the petitioner under Section 439 Cr.P.C. after considering the nature of the allegations, the prolonged relationship with the prosecutrix, and the absence of immediate necessity for custody, emphasizing the importance of personal liberty and the presumption of innocence until proven guilty.
Fact of the Case:

The petitioner was arrested in connection with FIR No.295/2021 for an offence under Section 376(N) IPC. The prosecutrix, aged over 30, alleged that the petitioner promised to marry her and maintained a physical relationship, supported by documents of a live-in relationship.
Finding of the Court:

The court found that the allegations, combined with the evidence of a prolonged relationship and the nature of the documents presented, did not warrant continued custody of the petitioner at this stage.
Issues: Whether the petitioner should be granted bail considering the nature of the allegations and the circumstances surrounding the case.
Ratio Decidendi: The court emphasized that the prolonged relationship and the promise of marriage, along with the lack of immediate necessity for custody, justified the granting of bail under Section 439 Cr.P.C.
Result: The bail application was allowed, and the petitioner was directed to be released on bail upon executing a personal bond and providing sureties.

JUDGMENT

Dr. Pushpendra Singh Bhati, J. - In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

2. This Court perused the material available on record.

3. The petitioner has been arrested in connection with FIR No.295/2021 of Police Station Reengus, District Sikar for the offence punishable under Section 376(N) IPC. He has preferred this bail application under Section 439 Cr.P.C.

4. Learned counsel for the petitioner submits that the prosecutrix is aged above 30 years. Learned counsel further submits that the FIR has been lodged with the allegation that while she was working at RSWM Dhaga Mill, Reengus, she met the present petitioner, who promised to marry her and continued to maintain physical relationship with her. Learned counsel has shown the documents pertaining to the live-in relationship, which are on record and which are on notarized stamp paper. Learned counsel also submits that the petitioner is in custody since 11.07.2021.

5. Learned Public Prosecutor opposed the bail application.

6. Looking into the allegations levelled in the FIR as well as the prolonged physical relationship with a promise to marry as well as the documents pertaining to live-in relationship, this Court is of the opinion that at this stage, the custody of the petitioner in this case is not warranted.

7. Thus, having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

8. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Bajrang Lal S/o Shri Girdhari Das shall be released on bail in connection with FIR No.295/2021 of Police Station Reengus, District Sikar provided he executes a personal bond in a sum of Rs.50,000/-with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

Click Here to Read the rest of this document