Single judge order granting bail to Manoj Pandey arrested for sexual assault and cybercrimes. Court found lack of recovered evidence and improbability of victim silence. Petitioner released on bond.
Accused petitioner released on bail subject to furnishing a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each.
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[2023:RJ-JD:34772]
[CRLMB-5215/2023]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5215/2023
Manoj Pandey @ Manoj Kumar S/o Harvansh Kumar, Aged About 31 Years, R/o Bhaind, Police Station Kotwali Konch, Tehsil Konch, District Jalon, Uttar Pradesh, At Present Residing Kirayedar Loha Mandi Anand Nagar, Police Station Harmada, Jaipur. (At Present Lodged At Bikaner Jail)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Swaroop Singh on behalf of Mr. Shreekant Verma. For Respondent(s) : Mr. S.K. Bhati, PP.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
12/10/2023
Learned Public Prosecutor submitted that the
complainant/victim has already been informed about pendency of the present bail application.
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.179/2022 registered at Police Station Gangashahar, District Bikaner, for offences under Sections 376(2)(N) and 384 IPC and Sections 66(D), 67 and 67(K) of Information Technology, 2000.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
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Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case. Learned counsel submitted that the prosecutrix is a mature married woman. Learned counsel submitted that as per the FIR, about 4 years prior to the date of lodging of the FIR, the prosecutrix was subjected to sexual assault by the present petitioner by making her consume a drink laced with some intoxicant. Learned counsel submitted that as per prosecution, obscene photographs and videos of the prosecutrix were also captured by the petitioner and by threatening to circulate the same, she was repeatedly subjected to sexual assault by the petitioner. Learned counsel submitted that it is highly improbable that a mature married woman would not disclose the factum of she being subjected to repeated sexual assault for about four years. Learned counsel submitted that as a matter of fact, the prosecutrix freely exercised her choice of voluntarily and consciously developing consensual sexual relationship with the present petitioner, however, when relations between them turned sour, she has falsely roped the petitioner in a criminal case with the allegation of extorting money from her by threatening to make her obscene photographs viral.
Drawing attention of the Court towards the charge-sheet submitted by the investigating agency before competent criminal court, learned counsel submitted that there is no evidence of the petitioner circulating the obscene photographs or videos of the prosecutrix. Lastly, learned counsel submitted that the petitioner is in judicial custody; challan has already been filed and the trial of
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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 has opposed the bail application.
Having considered the rival submissions, facts and circumstances of the case so also the fact that though there is allegation of repeated sexual assault against the present petitioner by threatening the prosecutrix to viral her obscene videos and photographs but, no such obsence photographs or videos have been recovered by the investigating agency. This Court also prima facie finds sufficient force in the argument of learned counsel for the petitioner that it is highly improbable that a mature woman would not disclose the factum of she being repeatedly sexually assaulted by the petitioner to anyone despite, having ample opportunities.
In view of the above, 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 Manoj Pandey @ Manoj Kumar S/o Harvansh Kumar arrested in connection with F.I.R. No.179/2022 registered at Police Station Gangashahar, District Bikaner, 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
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court on each & every date of hearing and whenever called upon
to do so till completion of the trial.
(KULDEEP MATHUR),J
13-Tikam/-
1 issue framed by the court
Whether the petitioner should be released on bail in a case involving offences of sexual harassment and cybercrimes.
1 provisions across 1 enactments
Manoj Pandey @ Manoj Kumar
State Of Rajasthan
Kuldeep Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
