Ramuram @ Ramesh vs State Of Rajasthan

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.45/2023 registered at Police Station Shergarh, District Jodhpur, for offences under Sections 450 and 376(2)(n) IPC and Sections 3/4 and 5(L)/6 of the POCSO Act.

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

Learned counsel for the petitioner submitted that the petitioner who is aged about 24 years, has been falsely implicated in the present case. Learned counsel submitted that as per the prosecution, the prosecutrix was subjected to sexual assault on 15.12.2022 by the petitioner for the first time at the tip of the knife and thereafter, she was regularly subjected to sexual assault by the petitioner by threatening to circulate her obscene photographs. Learned counsel submitted that the FIR against the petitioner has been lodged on 08.02.2023, however, no explanation has been furnished for lodging of the FIR after about one month and 23 days from the date when she was first subjected to sexual assault.

Learned counsel submitted that the petitioner and the prosecutrix were in a consensual relationship and to substantiate this contention, attention of the Court was drawn towards various mobile calls exchanged between the petitioner and the prosecutrix as well as photographs indicating that they were romantically involved with each other.

Learned counsel submitted that investigation against the petitioner has already been completed; in the charge-sheet, the petitioner has not been charged for the offence under the Information Technology Act, 2000 and no recovery of the knife allegedly used by the petitioner for subjecting the prosecutrix to sexual assault, has been recovered by the investigating agency.

Lastly, learned counsel submitted that the petitioner is in custody since 08.02.2023 and the trial of the case is likely to consume sufficiently long time.

On these grounds, he implored the Court to enlarge the petitioner on bail.

Per contra, learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application and submitted that looking to the seriousness of accusations levelled against the petitioner, he does not deserve to be enlarged on bail.

Having considered the rival submissions, facts and circumstances of the case, this Court finds that though there is allegation against the petitioner of subjecting the prosecutrix to repeated sexual assault by threatening to circulate her obscene photographs, however, no such photograph has been recovered by the investigating agency; the knife allegedly used for threatening the prosecutrix has also not been recovered; this Court also finds that the petitioner and the prosecutrix were regularly in contact with each other through mobile phone and therefore, the argument of learned counsel for the petitioner that the petitioner and the prosecutrix were in a consensual relationship, cannot be brushed aside. This Court also finds that investigation against the petitioner has already been completed and the trial of the case is likely to consume sufficiently long time.

In view of aforesaid, 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 Ramuram @ Ramesh S/o Nakhata Ram arrested in connection with F.I.R. No.45/2023 registered at Police Station Shergarh, District Jodhpur, 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.