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Judgment
8 paragraphs · 517 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.200/2023, registered at Police Station Sojat Road, District Pali, for offences under Sections 450, 376, 323, 420, 406 IPC.
Heard learned counsel for the petitioner and learned Public Prosecutor. 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 petitioner in the present case. Drawing attention of the Court towards F.I.R., learned counsel for the petitioner submitted that as per prosecutrix, on 08.08.2023, the prosecutrix was made to consume a drink containing intoxicant and thereupon, her obscene videos and photos were snapped by the present petitioner to blackmail her.
Learned counsel submitted that the prosecutrix was having consensual sexual relationship with the present petitioner, however, on the relations between them turning strained, she has roped the present petitioner in a false criminal case. Drawing further attention of the Court towards charge-sheet, learned counsel submitted that no obscene photograph allegedly used by the petitioner to blackmail the prosecutrix or subjecting her to sexual assault have been recovered by the investigating agency. Learned counsel submitted that the petitioner has not been charged for the offences under the Information Technology Act, 2000. Learned counsel submitted that the investigation against the petitioner has already been completed. 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 has opposed the bail application. Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that though there is an allegation against the petitioner of subjecting the prosecutrix to sexual assault by threatening her to make her obscene videos and photographs viral, however, no such video and photographs 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 Technology Act. This Court also prima facie finds that sufficient evidence is available on record to indicate that the prosecutrix was having a consensual relationship with the present petitioner. This Court also prima facie finds that the prosecution has not shown any apprehension of the present petitioner influencing the witnesses or tampering with the evidence, 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 Naresh Kumar S/o Dhaglaram arrested in connection with F.I.R. No.200/2023, registered at Police Station Sojat Road, District Pali, 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.