Gheesi Bai vs State Of Rajasthan

Kuldeep Mathur, J

Learned Public Prosecutor submits that complainant-victim has already informed about pendency of the present bail application before this Court, through the SHO concerned.

In view of aforesaid statements, service of complainant-victim is, therefore, complete.

This anticipatory bail application has been filed by the petitioner apprehending her arrest in connection with FIR No.180/2022, Police Station Parsoli, District Chittorgarh for offences under Sections 363, 120 B IPC and under Section 16/17 of the POCSO Act.

At the outset, learned counsel for the petitioner submitted that the petitioner who is aged about 55 years has been falsely implicated in the present case. Learned counsel submitted that the allegations of forcible sexual assault has been levelled by the prosecutrix against co-accused – Sodan Gurjar @ Shyodan. It was urged that co-accused - Sodan Gurjar @ Shyodan has already been enlarged on regular bail granted by this Court vide order dated 30.10.2023, passed in S.B.CRLMB No.5293/2023. Learned counsel submitted that no recovery is due to be made from the present petitioner and no fruitful purpose would be served by keeping the petitioner behind the bars for an indefinite period. Learned counsel further submitted that there is no apprehension of the petitioner influencing the witnesses or tampering with the evidence therefore, the petitioner may be released on anticipatory bail.

Learned Public Prosecutor vehemently opposed the prayer for anticipatory bail.

Heard learned counsel for the parties and perused the impugned order.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced at bar, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the petitioner under Section 438 Cr.P.C.

Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioner - Smt. Gheesi Bai W/o Nanda Gurjar in connection with FIR No.180/2022, Police Station Parsoli, District Chittorgarh, the petitioner shall be released on bail; provided she furnishes a personal bond in the sum of Rs.1,00,000/- along with two sureties of Rs.50,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions :-

(i). that the petitioner shall make herself 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 any police officer; and

(iii). that the petitioner shall not leave India without previous permission of the court.