1. This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.126/2023 registered at Police Station Khamera, Dist.

2. Banswara, for the offences under Sections 341, 344, 366 and 376 (2)(n) of the IPC.

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

4. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submitted that the prosecutrix, who is a mature married woman, voluntarily eloped with the present petitioner and remained in his company for about 7-8 days at Ahmedabad (Gujarat) out of her own free will and volition.

5. Learned counsel submitted that while the prosecutrix was in the company of the present petitioner, she had ample opportunities of disclosing the factum of she being abducted or subjected to forcible sexual assault-rape by the present petitioner, however, she did not do so.

6. Learned counsel for the petitioner further submitted that from the perusal of the statements of the prosecutrix recorded before the competent criminal court as PW-01, an inference can be drawn that the petitioner and the prosecutrix were in a consensual relationship however, on their relations turning strained, the petitioner has been eloped in a false criminal case.

Lastly, learned counsel submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused- petitioner.

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

8. Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the prosecutrix remained in the company of the present petitioner for about 7-8 days at Ahmedabad. This Court prima facie finds that the prosecutrix, despite having ample opportunities, did not disclose the factum of she being abducted or subjected to forcible sexual assault-rape by the present petitioner to anyone. This Court also prima facie finds that the statements of the prosecutrix have already been recorded before the competent criminal court on 01.03.2024 as PW-01 therefore, in the opinion of this Court, now there is no apprehension of the prosecutrix being influenced by the present petitioner. The prosecution has also not shown any apprehension of the present petitioner fleeing away from justice in case he is enlarged on bail. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

9. Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Vikas S/o Dharji arrested in connection with F.I.R. No.126/2023 registered at Police Station Khamera, Dist. Banswara, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.