Somveer vs State Of Rajasthan

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in relation to F.I.R. No.186/2020,

Police Station Bhadra, District Hanumangarh, for the offences under Sections 363, 366A and 376 (2) (D) of the IPC and Section 3/4 of the POCSO

Act.

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

Learned counsel Shri Manjeet Godara, representing the petitioner urges that the entire prosecution case is false and fabricated. The prosecutrix was

as a matter of fact major on the date of the incident i.e. on 06.07.2020. The FIR was lodged with an allegation that in the night time on 06.07.2020, the

prosecutrix had gone out to ease herself fromwhere, Somveer and Sandeep forcibly kidnapped her and took her to the 'Sati Mata ka Than' where

Suresh, Lokesh, Rajneesh and Sanjay etc. were present from before. They subjected her to gang rape and thereafter, dropped back to her father's

house. The victim started behaving in a gloomy manner after the incident, upon which, her mother asked her about the cause of her gloom, on which,

she divulged about the incident. The complainant Tejveer Singh approached the accused and implored them as to why they had indulged themselves in

such a heinous act on which, he was threatened that nude videos of the victim were available with them and if any action was taken, the same would

be uploaded on the Internet. Shri Tejveer Singh lodged a typed report with the aforesaid allegations at the Police Station Bhadra on which, FIR

No.186/2020 came to be registered and after investigation, the petitioner has been charge sheeted for the offences referred to Supra.

The Investigating Officer concluded during the investigation that the accused persons other than Somveer, who named in the FIR and by the victim in

her statement were not involved in the offence alleged. It was further concluded that the victim was in continuous contact with the petitioner and was

involved in an affair with him for a significant period. On an analysis of the call details of the two mobile phones in use of the victim i.e. Sim numbers

7877659823 and 7340142172, the Investigating Officer concluded that in last three months as many as 1442 incoming/outgoing calls/SMSs had been

exchanged from these two mobile phones with the Mobile number of Somveer i.e. 795057144. On the day of incident i.e. 06.07.2020, the prosecutrix

and the petitioner had gone to the field of Ram Kumar and were frolicking with each other when the other accused persons and Suresh Kumar

reached there. These accused persons took a video of the victim and the petitioner and threatened them upon which, both returned to the village. The

accused persons were contacted to delete the video and thereafter the FIR came to be registered. The date of birth of the victim which was

mentioned in the school documents as 02.07.2004 was found to be incorrect and her correct date of birth was corrected i.e. 06.07.2002. The

Investigating Officer concluded that as the petitioner indulged in a sexual intercourse wit the victim before she had attained the age of 18 years, the

offences alleged are proved against him.

Having regard to the overall facts and circumstances of the case, as evident from the material available on record; the apparent contradictions and

falsities in the FIR and the statements of the victim recorded during investigation, I am of the opinion tha the petitioner deserves to be enlarged on bail

in this case.

Consequently, the bail application is allowed. It is ordered that the accused-petitioner namely Somveer S/o Sh. Karmveerarrested in connection with

F.I.R. No.186/2020, Police Station Bhadra, District Hanumangarh shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- and

two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of

hearing and as and when called upon to do so.