Advocates:
['SWADEEP SINGH HORA', '', 'TARA CHAND SHARMA', 'GHAN SHYAM SINGH RATHORE', '', 'CHHAVI CHATURVEDI', 'PRAGYA PANDEY']

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous II Bail Application No. 20655/2021

Yashraj Bhardwaj Son of Shri Ashwini Bharadwaj, Aged About 26

Years, Resident of 677-A, Ganesh Vihar, Niwaroo Road, Jhotwara,

Jaipur.

----Accused-Applicant

Versus

State Of Rajasthan, Through Public Prosecutor.

----Respondent

For Petitioner(s)

:

Mr. Swadeep Singh Hora with

Mr. Tara Chand Sharma

For Respondent(s)

:

Mr. Ghan Shyam Singh Rathore, GA-

cum-AAG

Ms. Pragya Pandey with

Mr. Rishi Kumar Sharma for the

complainant

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

28/09/2022

This application for second anticipatory bail has been filed by

the petitioner apprehending his arrest in connection with F.I.R. No.

365/2020 registered at Police Station Jawahar Circle, District Jaipur

City (East) for the offence(s) under Section(s) 376(2)(n), 323, 341 &

384 IPC.

Learned counsel for the petitioner submits that after

rejection of the first bail application by this Court vide its order

dated 13.09.2021, there are certain subsequent developments

which have material bearing on the issue entitling him to renew

his prayer for pre-arrest bail.

He submits that FIR in the instant case itself was not

maintainable as it was lodged on 17.07.2020 whereas, the

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prosecutrix had already filed a complaint on 18.02.2020 in the

Court of learned Chief Metropolitan Magistrate, Jaipur

Metropolitan-I with similar allegations which came to be

withdrawn by her on 17.07.2021 only after cognizance was

already taken therein. He submits that from the statement of Shri

Balveer Singh son of Shri Ratan Singh, an employee with the Hotel

Moti Mahal, Pushkar, District Ajmer, recorded under Section 161

Cr.P.C., it is apparent that the prosecutrix has visited the hotel

along with the petitioner on 27.02.2020 and has stayed there for a

day; i.e., after filing the complaint on 18.02.2020. He submits that

this fact itself demolishes the entire prosecution story. Learned

counsel, drawing attention of this Court towards the charge-sheet

No.109/2021 dated 07.05.2021 filed against Shri Kailash Chand

Bohra in FIR No.80/2021 lodged by the prosecutrix, submitted

that it reveals that the investigation done by Shri Kailash Chand

Bohra in the FIR lodged against the petitioner was tainted and

unfair. Referring to the status report dated 25.10.2021 submitted

by the Assistant Police Commissioner Adarsh Nagar, Jaipur (East)

in the Court of learned Chief Metropolitan Magistrate, Jaipur

Metropolitan-I, learned counsel submitted that it unequivocally

states that the petitioner has co-operated during the course of

investigation. He submitted that in two more FIRs i.e., FIR

No.68/2021 dated 25.01.2021 and FIR No.123/2021 dated

17.02.2021 lodged by the prosecutrix against him, the police after

thorough investigation submitted negative final report. He would

further submit that from a perusal of the contents of charge sheet

filed against him, it is apparent that it was a case of consensual

sex in between him and the prosecutrix and no offence is made

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[CRLMB-20655/2021]

out. He, therefore, prays for benefit of pre-arrest bail. To buttress

his submission that the petitioner is entitled to renew the prayer

for pre-arrest bail, learned counsel relies upon the judgments of

the Hon’ble Apex Court of India in the cases of Rani Dudeja Vs.

State of Harayana (2017) 13 SCC 555, Babu Singh & Ors.

Vs. State of U.P. (1978) 1 SCC 579, Ravindra Saxena Vs.

State of Rajasthan (2010) 1 SCC 684, Bharat Chaudhary

and Anr. Vs. State of Bihar and Anr., (2003) 8 SCC 77,

Bhadresh Bipinbhai Sheth Vs. State of Gujarat and Anr.,

(2016) 1 SCC 152 and Shri Gurbaksh Singh Sibbia and Ors.

Vs. State of Punjab (1980) 2 SCC 565 and a judgment of full

Bench of this Court in the case of Ganesh Raj vs. State of

Rajasthan and Ors., 2005 SCC OnLine Raj 3