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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Pappu Ram – Appellant
Versus
State Of Rajasthan – Respondent
Order :
1. This application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.108/2024 registered at Police Station Kalu (Bikaner), District Bikaner for the offences under Sections 332(b), 64(1), 78(2) and 79 of BNS.
2. Heard learned Public Prosecutor. Perused the material available on record.
3. Upon perusal of the case file, this Court prima facie finds that the victim Mst.’R’ is a married woman. According to her case, on 21.10.2024, the petitioner came inside her house and committed forcible sexual assault upon her. When she shouted for help, the petitioner was apprehended on the spot by her brother-in-law Shri Anand. The same version has been stated in the statements recorded under Section 180 B.N.S.S. with some exception.
4. This Court prima facie finds that though as per the prosecution, the petitioner on the date of alleged incident, has committed forcible sexual assault upon the prosecutrix, however the documents viz. Whatsapp chats and call details attached with the case file, indicate that the prosecutrix was having friendly relationship with the petitioner since long. The FIR has been lodged after about 4 days
The court granted bail based on prima facie evidence suggesting a consensual relationship, emphasizing that findings were limited to bail considerations and should not influence the trial.
Delay in lodging FIR without plausible explanation can undermine the credibility of allegations, impacting bail decisions.
Bail can be granted in serious allegations when victim's statements indicate consent and the investigation is complete.
The court granted bail based on the consensual nature of the relationship between the petitioner and the victim, finding no risk of influencing witnesses or fleeing from justice.
The court granted bail based on the victim's acknowledgment of a consensual relationship and lack of evidence tampering concerns, despite serious charges against the petitioner.
Bail can be granted when there is no apprehension of influencing witnesses or tampering with evidence, and where the prosecution's case lacks sufficient material to support the allegations.
Delay in lodging FIR without plausible explanation undermines prosecution's credibility, justifying bail.
Bail may be granted when the prosecution fails to provide substantial evidence, and there is no apprehension of tampering with witnesses or fleeing from justice.
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