Bail application rejected. Petitioner charged under Sections 366, 384, 376(1), 342 IPC claimed false implication and consensual relationship. court held it was not a fit case for bail at this stage without recording complaints.
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[2023/RJJD/005775]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 471/2023
Mala Ram S/o Bhura Ram, Aged About 35 Years, R/o Vill. Ogala Ps Sedwa Dist. Barmer (At Present Lodged In Dist. Jail Barmer)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. RJ Punia |
|---|---|
| For Respondent(s) | : Mr. Arun Kumar, PP |
| Ms. Suchha Vishnoi,for complainant |
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Judgment / Order
17/02/2023
The petitioner has been arrested in connection with FIR No.368/2022 of Police Station Dhorimanna, District Barmer for the offences punishable under Sections 366, 384, 376(1) & 342 IPC. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that the petitioner has not committed the offence as alleged in the FIR and he has been falsely implicated in the present case. It is also submitted that the petitioner and the prosecutrix were in a consensual relationship and the age of the prosecutrix is about 30 years. Learbned counsel for the petitioner has also produced a joint photograph of the petitioner and the prosecutrix so as to show that there were consensual relationship between them. Therefore, it is prayed that he may be enlarged on bail.
[2023/RJJD/005775]
[CRLMB-471/2023]
(2 of 2)
Per contra, learned Public Prosecutor as well as learned counsel for the complainant opposed the prayer made by learned counsel for the petitioner.
Learned counsel appearing for the complainant submitted that the photograph produced by the learned counsel for the petitioner for perusal of this Court may not be used to prove that there was consensual relationship between the petitioner and the prosecutrix as the same has been clicked forcibly.
Having regard to the facts and circumstances of the case, this Court does not find it to be a fit case for grant of bail at this stage.
Therefore, the bail application is rejected with liberty to file fresh bail application after recording of statements of the prosecturix.
(MADAN GOPAL VYAS),J
38-nidhi/-
1 issue framed by the court
Whether bail should be granted to the petitioner facing charges of abduction, robbery, rape, and unlawful detention.
1 provisions across 1 enactments
Mala Ram S/o Bhura Ram
State Of Rajasthan
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
