IMPORTANT POINT
Anticipatory bail should not be granted in serious offences.

JUDGMENT :

Vikram Nath, J.

Leave granted.

2. The appellant is the complainant/victim/prosecutrix. She has filed this appeal assailing the correctness of the judgment and order dated 25.08.2021 passed by the Rajasthan High Court, Bench at Jaipur in S.B. Criminal Misc. Bail Application No.6394 of 2021 (Kanwar Pal Singh Vs. State of Rajasthan), whereby the High Court allowed the application for the relief of anticipatory bail under Section 438 CrPC in FIR No.161 of 2020, Police StationKarni Vihar, Jaipur, under Sections 323, 341, 354, 379 and 376 IPC.

3. As the present case relates to an order granting anticipatory bail, we are consciously referring to the facts and the arguments in brief so that none of the parties are prejudiced or the Trial Court would be influenced by any of the observations, which may be made by us in this order.

4. The prosecution story in brief is that, sometimes in 2018, when the respondent no.2 was posted as a Station House Officer, Mahila Thana, Jhunjhunu, the sister of the appellant had made a complaint against her inlaws at the same police station. The respondent no.2 had kept with himself, the Bank Passbook, Marriage Registration Certificate, Marriage Photographs, Aadhar Card and Birth Certificate relating to her sister and had told her to collect the same later. On 25.09.2018, when the appellant was called to collect the papers from the respondent no.2, and upon her reaching Jhunjhunu, she was informed that papers may be collected from his official residence, where she had to compulsorily go as she had to return to Jaipur on the same day. At the residence, the respondent no.2 offered buttermilk to the appellant, which she claims to have innocently consumed, but apparently the same was laced with drugs resulting into the appellant losing her consciousness. When she regained consciousness, she found herself in a very awkward situation and immediately realized that she had been exploited by the respondent no.2. The respondent no.2 is said to have threatened her that he has made videos and clicked photographs in obscene and objectionable conditions on his mobile and if she did not continue to accede to his demands and commands, he would make everything public.

5. The exploitation of the appellant is said to have continued for almost two years. In May, 2020, respondent no.2 came to her residence, where she resides with her husband and children. He forcefully took her in his Jeep to some unknown place, physically assaulted her, snatched away her mobile, then after driving to various places at some point his wife and children arrived and they also assaulted her, as a result of which, she became unconscious. She was saved by the patrolling vehicle of the Police department, whereafter she lodged the FIR No.161 of 2020 on 01.06.2020 for the offences punishable under Sections 376, 323, 341, 354 and 379 IPC at the Karni Vihar Police Station, Jaipur. The FIR was only about that day’s incident, however, later on, when the appellant recovered, she narrated the whole story in her statement under Section 164 CrPC.

6. Further, the case of the appellant is that respondent no.2 misusing his official position got a false report registered through his wife against the appellant five days later on 05.06.2020, which was registered as FIR No.0234 of 2020, Police StationJhotwara, Jaipur. It is also submitted that the said FIR after investigation has been found to be containing completely false and incorrect facts and a closure report has already been submitted. However, insofar as the FIR lodged by the appellant is concerned, as the respondent no.2 has not been taken into custody, he is not cooperating with the investigation and several articles and mobiles need to be recovered from him for a fair and proper investigation. It is also necessary to have control over the obscene videos and photographs of the appellant, as such his judicial custody is required considering the seriousness of the allegations.

7. The order of anticipatory