Ramprasad vs State Of Rajasthan

Heard learned counsel for the petitioner as well as learned Public Prosecutor assisted by learned counsel for the complainant and also perused the material on record.

The petitioner has been arrested in FIR No.324/2018 of Police Station Shahpura, District Bhilwara for the offences punishable under Sections 376(N) and 384 IPC. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is argued that the allegations against the petitioner of extortion and sexual assault are totally false. Learned counsel for the petitioner has further submitted that as a matter of fact the petitioner is an advocate and known to the prosecutrix as he was dealing with a case of her relative. It is submitted that the petitioner helped the prosecutrix in getting her transfer to her desired place and relation between them are very cordial. It is submitted that the prosecutrix also filed a complaint of harassment against one Rakesh and in that matter the petitioner intervened and the dispute was settled between them in which Rakesh gave a huge amount of money to the prosecutrix. Learned counsel for the petitioner has submitted that the prosecutrix is major lady and government servant and whatever the relation between the petitioner and her were consensual. Learned counsel for the petitioner has submitted that as a matter of fact this false complaint has been filed against the petitioner levelling allegation of extortion and sexual assault only with the intention to extort money form the petitioner.

Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application and the learned counsel for the complainant has submitted that a case of similar nature is also pending against the petitioner, wherein the allegation of harassment of a lady and sexual assault have also levelled against him. Learned counsel for the complainant has submitted that the petitioner is an advocate by profession and it is not expected from a person of this profession that indulged in such type of activities.

Having regard to the totality of the facts and circumstances of the case and after perusing the case diary, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Ramprasad S/o Dhanna Lal shall be released on bail in connection with FIR No.324/2018 of Police Station Shahpura, District Bhilwara provided he executes a personal bond in a sum of Rs.50,000/-with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.