Bhomaram vs State Of Rajasthan

Kuldeep Mathur, J

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.43/2024 registered at Police Station Osian, Dist. Jodhpur Rural, for the offence under Section 384 of IPC.

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

Learned counsel for the petitioner submitted that though the victim in her statements under Sections 161 and 164 Cr.P.C. has alleged that she was subjected to sexual assault-rape by the present petitioner and co-accused Bhagwanaram on 27.11.2023 and 06.12.2023. However, after making a thorough investigation in the matter, the police did not find the allegations against the present petitioner to be correct. Drawing attention of the Court towards the challan papers submitted by the Investigating Agency before the competent criminal court, learned counsel submitted that the charge-sheet has been filed against the petitioner only for the offence under Section 384 IPC.

Learned counsel submitted that this Court vide order dated 06.05.2024 had directed the Investigating Officer to file an affidavit before this Court indicating as to how during the course of investigation he reached to the conclusion that the petitioner was not present at the crime scene when the victim was subjected to sexual assault-rape.

Learned counsel further submitted that in compliance of the order dated 06.05.2024, an affidavit has been filed by the Investigating Officer explaining as to how he has reached to the conclusion that the victim was not subjected to sexual assault-rape by the present petitioner.

Lastly, learned counsel submitted that no obscene videos or photographs allegedly used by the petitioner to blackmail the victim have been recovered by the Investigating Agency during the course of investigation; the petitioner has not even been charge-sheeted for the offences under Information and Technology Act, 2000; 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.

Per contra, learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application. Learned counsel for the complainant submitted that in view of the fact that the victim in her statements under Section 161 and 164 Cr.P.C. has clearly alleged that she was subjected to sexual assault-rape by the petitioner and co-accused Bhagwanaram therefore, he does not deserve to be enlarged on bail.

Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that investigation against the present petitioner has already been completed and no obscene videos or photographs of the victim have been recovered from the petitioner. This Court prima facie finds that as per the police investigation, the petitioner was not present at the crime scene when the victim was allegedly subjected to forcible sexual assault-rape and the petitioner has not even been charge-sheeted for offences punishable under the IT Act, 2000. This Court also prima facie finds that the prosecution has not shown any apprehension of the petitioner influencing the victim or 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.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Bhomaram S/o Hadmanaram arrested in connection with F.I.R. No.43/2024 registered at Police Station Osian, Dist. Jodhpur Rural, 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.