The court established that under Section 438 CrPC, bail may be granted when there is a reasonable apprehension of false implications in criminal cases, particularly when the accused's medical condition raises doubts about the allegations.

ORDER

Defect(s) pointed out by the Registry stands waived.

1. The bail application has been filed under Section 438 CrPC. in connection with FIR No. 13/2021 registered at Police Station Mahila Police Thana, District Banswara for the offences under Sections 376(2)(n), 452, 406 & 384 IPC whereupon the investigation was commenced. Apprehending his arrest, the petitioner moved the bail application before the court below, which was dismissed. Hence, the bail application has been filed.

2. Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the entire material available on record.

3. Learned counsel for the petitioner submits that entire story mentioned in the FIR is palpably false and the FIR has been registered with the sole purpose to counter the FIR registered by the petitioner as against the present complainant on 24.12.2020 under Section 307, 120-B IPC. Learned counsel submits that the petitioner suffered severe cecal perforation with multiple ileal perforation due to stab wound and he cannot possibly be in a condition to have recovered within one month to commit alleged rape as alleged in the FIR. Learned counsel has taken this court to the medical surgical operations done on petitioner after having suffered the injury.

I have considered the submissions.

4. Looking into both the FIRs but without further commenting on the merits of the case, however, taking into consideration the aforesaid aspects and that there can be possibility of over implication of lodging false FIR, this bail application filed under Section 438 CrPC is allowed and it is directed that in the event of arrest of petitioner- Jayendra Singh S/o Balwant Singh Rathore in the aforesaid FIR, he shall be released on bail by the concerned SHO/Investigating Officer, provided he furnishes a personal bond in the sum of Rs. 20,000/- with one surety of the like amount to his satisfaction on the following conditions:

i) That the petitioner shall make himself available for interrogation by a police officer, as and when required;

ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the court or to any police officer;

iii) That the petitioner shall not leave India without previous permission of the court;

iv) That the petitioner shall not commit any offence similar to the offence of which he is accused or suspected.