Order

23/03/2021 This anticipatory bail application has been filed by the petitioner Mahant Sunder Das Disciple (Chella) Shisy Guruji Shriman Baba Mahadev Muni apprehending his arrest in connection with F.I.R. No.184/2020, Police Station Surajpol, District Udaipur, for the offences under Sections 376 IPC.

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

Shri Vineet Jain, learned counsel representing the petitioner points out that the complainant is a married woman, aged 38 years and is a habitual of extorting money by filing similar cases. He drew the Court’s attention to the earlier FIR No.1/2018 lodged by the complainant at the Police Station, Amba Mata, District Udaipur against one Yogesh Joshi. During investigation of the said FIR, the complainant gave a statement under Section 164 Cr.P.C.

admitting that she had compromised the matter with Yogesh Joshi and did not desire any action against him. On the basis thereof, the police gave a Negative Final Report.

Shri Jain submits that in the present case, the complainant alleged that on the advice of her known people, she went and started living at Harihar Ashram, Gulab Bagh, Suraj Pol, Udaipur so that she could achieve mental peace. She stayed there from 03.05.2019 to 07.05.2019 and served the Saints in the Ashram. The Mahant of the Ashram namely Mahant Sunder Das used to call her regularly. She was compelled to stay at the Ashram with her to avoid day to day expenses. About a month later, her children had gone to School and in their absence, Mahant Sunder Das came to her room and subjected her to rape. He continued to exploit her sexually under an allurement that he would marry her. The complainant claims that later on, she came to know that accused was indulged in illicit relations with numerous women. She opposed this conduct of the petitioner, on which, she was pushed into an empty well with an intention to kill her. She got injured in this incident and somehow, managed to escape from Ashram with her children in the month of February 2020. The Mahant sent mediators to settle the matter and apologized for his acts and also offered to keep her as his wife. She went to Ashram in the month of April 2020 and saw the Mahant establishing the illicit relationship with other women, on which, she was pushed out of the Ashram.

Shri Jain drew the Court’s attention to numerous What’s App messages forwarded by the complainant to the petitioner after April 2020, in which, she has expressed her unconditional love for the petitioner and has also conveyed that she is not prepared to loose his company. He thus urges that ex facie the allegations levelled by the complainant in the FIR are false and fabricated and the same has been lodged with pure and simple intention of extorting money. He thus, urges that petitioner deserves indulgence of pre-arrest bail.

On the other hand, learned Public Prosecutor has opposed the submissions advanced by the petitioner’s counsel. However, he too, is not in a position to dispute the fact that previously also, the complainant who is a married woman aged 38 years, lodged a report against one Yogesh Joshi wherein, she compromised the matter duly investigated. It is also not in dispute that even after allegedly being pushed out of the Ashram, in the month of April 2020, the complainant continued to send intimate messages to the present petitioner over What’s App Messenger. The FIR came to be lodged on 06.08.2020 i.e. almost after four months of the complainant having been turned out of the Ashram.

In view of above and having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the Bar, this Court is of the opinion that it is a fit case for grant of pre-arrest bail to the petitioner under Section 438 Cr.P.C.

Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioner Mahant Sunder Das Dis