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Judgment
9 paragraphs · 542 words@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.09/2024 registered at Police Station Hathipole, District Udaipur, for offence under Section 376 of the IPC.
Learned counsel for the petitioner submitted that the petitioner is aged about 18 years has been falsely implicated in the present case. Drawing attention of this court towards the FIR, learned counsel submitted that as per prosecution, the prosecutrix was made to consume a cold drink containing intoxicant, by the present petitioner. The prosecutrix was thereafter subjected to sexual assault and her obscene videos and photographs were also captured by the petitioner.
Learned counsel submitted that the FIR has been lodged by the prosecutrix after a delay of about two years from the date when she was allegedly subjected to sexual assault for the first time. It was further contended that the prosecutrix was having a consensual relationship with the present petitioner. However, on their relations turning strained, she has lodged a false FIR. To substantiate this contention, attention of this court was drawn towards the call details exchanged between the petitioner and prosecutrix, indicating that they were in constant touch with each other. Learned counsel further submitted that no obscene photographs / videos of the prosecutrix have been recovered by the Investigating Agency.
Learned counsel submitted that it is highly inprobable that a girl would not disclose the factum of she being subjected to sexual assault for about two years to anyone including her family members despite having ample opportunities to do so. Learned counsel submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time. On these grounds, he implored the court to enlarge the petitioner on bail.
Per contra, learned Public Prosecutor has vehemently opposed the bail application.
Having considered the rival submissions, facts and circumstances of the case, this court prima facie finds that the FIR has been lodged against the petitioner after a delay of about two years from the date when she was allegedly subjected to sexual assault for the first time. This Court also prima faice finds that though, there is an allegation of repeated sexual assault against the present petitioner by threatening the prosecutrix to viral her obscene photographs and videos but till date no such videos and photographs have been recovered by the Investigating Agency. This Court also prima facie finds that the prosecution has not shown any apprehension of the petitioner influencing the witnesses or tampering with the evidence. 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 Karan S/o Shri Suresh Kumar, arrested in connection with F.I.R. No.09/2024 registered at Police Station Hathipole, District Udaipur, 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.