Jala Ram vs State Of Rajasthan

@JUDGEMENT- JUDGEMENT

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.03/2024, registered at Police Station Mata Ka Than, District Jodhpur City (East), for offences under Sections 354 & 376 IPC.

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

Learned counsel for the petitioner submitted that the prosecutrix who is a mature married woman has falsely implicated the present petitioner in a criminal case. Learned counsel submitted that as per prosecutrix, on 04.01.2024, the petitioner subjected the prosecutrix to forcible sexual assault-rape. Drawing attention of the Court towards the statements of the prosecutrix recorded under Section 164 Cr.P.C., learned counsel submitted that the prosecutrix in her statements has admitted that she was aquainted with the petitioner from before. As per prosecutrix, petitioner had captured certain photographs of the prosecutrix and thereafter started threatening her to make them viral. He had also forced the prosecutrix to talk to him. Drawing attention of the Court towards challan papers, learned counsel submitted that no photographs of the prosecutrix allegedly used by the petitioner for threatening her, have been recovered by the investigating agency.

Learned counsel submitted that as a matter of fact, the petitioner has not even been charge-sheeted for the offences under Information Technology Act, 2000. Attention of the Court was also drawn towards the medical examination report of the prosecutrix to urge that no injury indicating that she was subjected to forcible sexual assault-rape, has been found on the body of the prosecutrix. On the strength of these contentions, learned counsel thus submitted that since the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor and learned counsel for the complainant have opposed the bail application.

Having considered the rival submissions, facts and circumstances of the case and after perusing the statements of the prosecutrix and the challan papers, this Court prima facie finds that the petitioner who is aged about 25 years is in judicial custody. This Court also prima facie finds that no photographs allegedly used by the petitioner for threatening the prosecutrix have been recovered by the investigating agency during investigation and the petitioner has not been charged for the offences under Information Technology Act. This Court also prima facie finds that the prosecution has not shown any apprehension of the petitioner influencing the witness or tampering with the evidence in case, the petitioner 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 Jala Ram S/o Shri Bhura Ram arrested in connection with F.I.R. No.03/2024, registered at Police Station Mata Ka Than, District Jodhpur City (East), 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.