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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 11375/2023

Sayar Ram S/o Bodu Ram, Aged About 33 Years, R/o Nuva,

Police Station Molasar, Tehsil Deedwana, District Nagaur.

(Lodged In Sub Jail, Deedwana)

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s)

:

Mr.Suresh Kumar Maru.

For Respondent(s)

:

Mr.Salim Khan, P.P.

For Complainant(s)

:

Mr.Ravindra Kumar Charan.

HON'BLE MR. JUSTICE KULDEEP MATHUR

ORDER

21/09/2023

This application for bail under Section 439 Cr.P.C. has been

filed by the petitioner who has been arrested in connection with

FIR No.128/2023 registered at Police Station Molasar, Nagaur, for

offences under Sections 376(2)(N), 384, 382, 450, 354, 341, 323,

504 and 506 IPC.

Learned counsel for the petitioner submitted that the

petitioner has been falsely implicated in the present case. Learned

counsel submitted that as per prosecution, the prosecutrix who is

a mature married woman was subjected to sexual assault-rape by

the present petitioner on multiple occasions from last more than

five years under the threat of making her obscene video and

photograph viral. Learned counsel submitted that it is highly

improbable that a mature married woman would not disclose the

factum of she being subjected to sexual assault for about five

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years to anyone. Learned counsel further submitted that during

the course of investigation, the investigating agency has not

recovered any obscene video or photograph of the prosecutrix and

the petitioner has not even been charged for the offences under

Information Technology Act, 2000. Learned counsel submitted that

delay in lodging of the FIR coupled with the fact that no obscene

photograph or video of the prosecutrix has been recovered during

the course of investigation, gives rise to suspicion and casts

doubts the trustworthiness of the prosecution story.

Learned counsel submitted that the petitioner is in judicial

custody, challan has been filed and the trial of the case will take

sufficiently long time, therefore, the benefit of bail should be

granted to the accused-petitioner.

Per contra, learned Public Prosecutor and learned counsel for

the complainant have vehemently opposed the bail application.

Heard learned counsel for the petitioner, learned Public

Prosecutor and learned counsel for the complainant. Perused the

material available on record.

Having considered the rival submissions, facts and

circumstances of the case, this Court prima facie finds that no

plausible explanation has been furnished by the prosecutrix for

lodging FIR after a delay of five years of the alleged incident; no

obscene video or photograph has been recovered by the

investigating agency during investigation and the petitioner has

not been charged for the offences under the Information

Technology Act. In the prima facie opinion of this Court, since

challan against the petitioner has already been filed before

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competent criminal court and no recovery is due to be made from

him, no purpose would be served by keeping him in incarceration.

Thus, without expressing any opinion on merits/demerits of the

case, this Court is inclined to enlarge the petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is ordered that the accused-petitioner- Sayar Ram

S/o Bodu Ram shall be enlarged on bail in connection with FIR

No.128/2023 registered at Police Station Molasar, Nagaur,

provided he furnishes a personal bond in the sum of Rs.50,000/-

with two sureties of Rs.25,000/- each to the satisfaction of the

learned trial Judge for his appearance before the court concerned

on all the dates of hearing as and when called upon to so.

It is however, made clear that findings recorded/observation