Full Judgment
1. Heard learned counsel for petitioner as well as learned Public Prosecutor and perused material made available to me during course of arguments.
2. Contention of learned counsel for petitioner is that prosecutrix in fact accompanied with the petitioner out of her free will. She got married with petitioner in Arya Samaj on 24.05.2009. Prosecutrix, in her statement, also admitted the fact that she stayed with petitioner for two-and-a- half month and they used to sleep in common room in a house. Mother of the petitioner was also residing in that very house. There was nothing like rape. Prosecutrix has subsequently developed theory of rape in her statement under pressure of her parents otherwise the tenor of the statement and other evidence on record including the photograph, certificate of Arya Samaj and affidavit of the girl merely show that it was consent case of marriage and consensual sex. Challan has been filed. Trial may take a long.
3. Learned Public Prosecutor opposed the bail application.
4. 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, Deepak Singh @ Deepu Son of Shri Raghu Nath Singh, Resident of Jhalarapatan, Police Station Jhalarapatan, District Jhalawar (presently confined in Central Jail, Kota) be released on bail under Section 439 Cr.P.C., in FIR No.157/2009, Police Station Dadabari, Kota, District Kota, for offence under Section 363, 366 and 376 of the IPC, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25000/- 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.
5. The bail application stands disposed of.