HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Second Bail Application No.

19450/2021

Kailash Chand Bohra S/o Shri Sohan Singh, Aged About 53

Years, R/o Village Tosina, Police Station Khunkhuna, Tehsil

Deedwana, District Nagaur, Presently R/o 49 Sen Colony, Prem

Nagar, Jhotwara, Jaipur ( Rajasthan) At Present Assistant Police

Commissioner Offences Against Woman Investigation Cell, Jaipur

( East)( Presently Lodged In Central Jail At Jaipur)

----Petitioner

Versus

State Of Rajasthan, Through Public Prosecutor.

----Respondent

For Petitioner(s)

:

Mr. V.R.S. Bajwa Sr. Adv. assisted by

Mr. M.S. Solanki & Mr. Amar Kumar

through VC

For Respondent(s)

:

Mr. Vibhuti Bhushan Sharma, AAG

through VC

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Order

ORDER RESERVED ON

::

08/02/2022

ORDER PRONOUNCED ON

::

11/02/2022

1.

Petitioner has filed this second bail application under Section

439 of Cr.P.C.

2.

F.I.R. No. 80/2021 was registered at Police Station Anti

Corruption Bureau, Jaipur, District Jaipur(Raj.) for offences under

Section 7 of Prevention of Corruption(Amended) Act, 2018 &

Sections 354, 354-A, 354-B and 376-C of IPC.

3.

It is contended by counsel for the petitioner that the first bail

application was dismissed by this Court with liberty to the

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petitioner to move fresh bail application after recording of the

statement of victim. It is evident that after rejection of first bail

application, the bail application was preferred before the Apex

Court which was dismissed as withdrawn on 13.08.2021.

Thereafter, the statement of victim has been recorded and

statement is said to be running in 62 pages and examination-in-

chief was recorded from 08.09.2021 to 21.10.2021. The

prosecution case is that a complaint was lodged before the ACB on

06.03.2021, wherein there is allegation that the present petitioner

is demanding money as well as sexual favours from the victim. It

is also stated that a sum of Rs.50,000/- was given by the victim to

the petitioner in 5 installments of Rs.10,000/- each. The language

used in the complaint was that he may pressurize her to make

friendship with him. Thereafter, certain traps were raised and

certain recordings were made, transcripts of which are available in

the charge-sheet. On 14.03.2021 which happens to be a Sunday,

complainant went to the office of petitioner where petitioner

attempted to commit rape with her. The ACB team arrested the

petitioner and thereafter, charge-sheet has been filed.

4.

It is also contended that in the criminal case filed by the

complainant against Yashraj Bhardawaj, FIR was lodged on

17.07.2020. Prior to the investigation being handed over to the

petitioner, two Investigating Officers submitting report that

offence is not made out against Yashraj Bhardawaj. However,

petitioner submitted the factual report on 07/09/2020 before the

Special Court wherein he mentioned that case is made out against

Yashraj Bhardwaj. Thereafter, petitioner arrested sister of

accused- Ishita Bhardawaj on 16.02.2021 as there was evidence

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to the effect that abortion of the victim i.e. present complainant

was clandestinely done and Ishita Bhardawaj was also involved in

the offence and it is after this, that the present complaint was

lodged before the ACB. It is further contended that prior to the

lodging of the complaint, petitioner had already submitted the

factual report about involvement of Yashraj Bhardawaj. There was

no work pending with the petitioner and he had arrested sister of

accused Ishita Bhardawaj prior to the lodging of the complaint. It

is also contended that the allegation is that petitioner had put on

the condom but the phenolphthalein test was not done on the

underwear and genitals of the petitioner as well as on the condom.

5.

It is contended that from the statemen