Chiman Singh 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 FIR No.233/2022 registered at Police Station Sendra, District Pali, for offences under Sections 450, 376(2)(N), 506 IPC.

Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel submitted that the prosecutrix and petitioner were in consensual relationship. Drawing attention of the Court towards the statement of the prosecutrix recorded under Section 161 Cr.P.C., learned counsel submitted that the prosecutrix in her statement has stated that she was being subjected to sexual assault by the present petitioner under the threat of making her obscene photographs, snapped by the petitioner, viral on social media platforms. Learned counsel submitted that though the prosecutrix in her statements recorded under Section 164 Cr.P.C. has also stated that she was subjected to sexual assault on various occasions by the present petitioner but no satisfactory explanation has been furnished by her as to why she did not disclose the same to any of her family members. Lastly, it was submitted that no obscene photograph/video as alleged by the prosecutrix has been recovered by the investigating agency during the course of investigation.

Learned counsel submitted that the petitioner is in judicial custody, challan has been filed and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

Per contra, learned Public Prosecutor opposed the bail application.

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

Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner- Chiman Singh S/o Gopi Singh shall be enlarged on bail in connection with FIR No.233/2022 registered at Police Station Sendra, District Pali, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to so.

It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.